California 

'gional 

cility 


THE  PUBLIC 


STATUTE  LAWS 

OF    THE 

STATE  OF  CONNECTICUT, 

AS  REVISED  AND  ENACTED  BY  THE 

GENERAL  ASSEMBLY, 

IN   MAY    1821: 

TO   WHICH  ARE   PREFIXED 

THE  DECLARATION  OP  INDEPENDENCE,  THE  CONSTITUTION  OP  THE 
UNITED  STATES,  AND  THE  CONSTITUTION  OP  CONNECTICUT. 

ARRANGED   AND   PUBLISHED   UNDER   THE 

AUTHORITY    OP    THE   GENERAL   ASSEMBLY. 

HARTFORD. 

9.  G.  GOODRICH,  &  HUNTINGTON  &  HOPKINS. 

1821. 


DISTRICT  OF  CONNECTICUT,  ss. 


L.  S. 

SAMUEL  G 

deposited  in  this  office  the  title  of  a  Book,  the  right  whereof  they  claim  as  proprietors, 
in  the  words  following,  to  wit:  "  The  public  Statute  Laws  of  the  State  of  Connecti- 
cut, as  revised  and  enacted,  by  the  General  Assembly,  in  May  1821;  to  which  are  prefix- 
ed the  Declaration  of  Independence,  the  Constitution  of  the  United  States  and  the 
Constitution  of  Connecticut.  Arranged  and  published  under  the  authority  of  the  Gen- 
eral Assembly." 

In  conformity  to  the  act  of  the  Congress  of  the  UNITED  STATES,  entitled,  "An  act 
"  for  the  encouragement  of  learning,  by  securing  the  copies  of  Maps,  Charts  and 
"  Books,  to  the  authors  and  proprietors  of  such  copies,  during  the  times  therein  men- 
tioned » 

CHARLES  A.  INGERSOLL, 

Clerk  of  the  District  of  Connecticut. 
A  true  copy  of  Record,  examined  and  sealed  by  me, 

CHARLES  A.  INGERSOLL, 

Clerk  of  (he  District  of  Connecticut. 


ROBERTS  &  BURR,  PRINTERS. 


THE  first  settlers  of  Connecticut  were  distinguished  by  a  sincere  and 
ardent  attachment  to  the  principles  of  civil  and  religious  liberty,  as  well  as  a 
just  sense  of  the  necessity  of  law  and  government  for  its  security  and  protec- 
tion. Animated  with  the  prospect  of  obtaining  this  object,  they  abandoned  the 
land  of  their  fathers,  and  came  to  the  wilds  of  America.  They  commenced  a 
settlement  at  the  towns  of  Hartford,  Windsor  and  Wethersfield,  in  1635,  under 
a  temporary  commission  from  the  colony  of  Massachusetts,  where  they  first 
landed,  and  from  whence  they  removed  hither :  but  on  discovering  they  were 
without  that  jurisdiction,  they,  in  1639,  established  a  government  for  them- 
selves. 

It  is  interesting  to  contemplate  the  little  band  of  heroic  adventurers,  in  a 
wilderness,  surrounded  by  savage  nations,  and  struggling  for  their  existence, 
calmly  and  deliberately  laying  the  foundation  of  a  commonwealth,  upon  princi- 
ples of  freedom,  unknown  to  the  country  from  which  they  emigrated,  and  which 
has  secured  the  most  invaluable  blessings  to  their  posterity.  Here  is  one  of  the 
few  instances,  where  the  people,  in  a  state  of  nature,  (as  our  ancestors,  in  a  po- 
litical view,  then  were,)  have  had  a  fair  opportunity  to  convene  in  a  body, 
and,  by  mutual  assent,  enter  into  a  state  of  society,  and  form  the  social 
contract.  Here  is  an  instance,  in  which  a  government  has  been  instituted,  by 
voluntary  compact,  and  a  constitution  framed,  agreeably  to  the  wishes,  and  for 
the  sole  benefit,  of  the  people. 

In  that  rude  age,  unacquainted  with  the  true  theory  of  government,  they  did 
not  attempt  to  distribute  the  several  powers  to  different  departments.  A  gov- 
ernor and  six  magistrates  were  to  be  annually  chosen,  by  all  the  freemen ;  and 
representatives  from  each  town  ;  who  constituted  the  general  court,  in  which 
all  power  was  concentrated.  But  as  the  people  retained  the  privilege  of  an 
annual  election  of  their  rulers,  they  had  ample  security  for  their  civil  rights ; 
and  it  was  emphatically  a  government  of  the  people. 

Our  ancestors  were  as  solicitous  to  frame  a  good  code  of  laws,  as  they  were 
to  establish  a  good  form  of  government.  Instead  of  servilely  adhering  to  the 
complicated  laws  of  their  native  country,  they  were  ambitious  of  framing  a 
code  for  themselves,  better  adapted  to  their  condition  and  state  of  society,  and 
more  consonant  to  their  enlarged  views  of  civil  liberty.  No  act  was  ever  pas- 
sed, formally  recognizing  or  defining  the  authority  of  the  common  law.  It  was, 
by  general  consent,  considered  to  be  their  law,  so  far  as  it  was  applicable  to 
their  circumstances,  and  not  varied  by  their  own  regulations.  For  a  while, 
the  legislature  enacted  statutes,  as  occasion  required  ;  but  they  soon  directed 
their  minds  to  the  framing  of  a  complete  code.  Accordingly,  in  1646. ,  they  re  - 
quested  Mr.  Ludlow,  a  distinguished  jurist,  and  a  leading  character,  to  compile 


314 


,v  PREFACE. 

a  body  of  laws  for  the  commonwealth.  Owing  to  the  novelty  and  difficulty  of 
the  undertaking,  it  was  not  completed  till  1650.  The  code  was  digested  under 
proper  heads,  and  comprised  the  statutes  then  in  force,  with  the  necessary  ad- 
ditional regulations,  and  was  well  adapted  to  the  state  of  things  at  that  early 
age. 

The  year  1662,  was  an  important  epoch  in  the  political  and  juridical  histo- 
ry of  our  country.  Though  our  ancestors  had  formed  a  constitution,  by  their 
own  authority,  yet  as  they  considered  themselves  to  be  a  component  part  of  the 
British  empire,  they  applied  to  the  British  crown  for  a  charter,  and  governor 
Winthrop  was  appointed  an  agent  to  solicit  the  royal  favor.  Such  was  the  ad- 
dress with  which  the  application  was  managed,  or  so  favorable  was  that  par- 
ticular time  to  the  wishes  of  the  applicants,  that  they  obtained  from  Charles  II. 
a  charter  bottomed  on  the  constitution  they  had  formed  by  voluntary  compact, 
which  not  only  secured  the  most  extensive  rights  and  privileges,  but  render- 
ed them  almost  independent  of  the  British  crown.  It  is  inexplicable,  that  such 
a  monarch  as  Charles,  who  had  so  little  regard  for  the  rights  of  his  subjects  at 
home,  should  have  given  to  a  distant  colony  such  extensive  powers  :  but  he  had 
no  anticipation,  that,  by  the  liberal  charters  he  was  granting  to  the  colonies  in 
America,  he  was  cherishing  a  spirit,  which,  at  a  future  da/,  would  divest  the 
sceptre  of  his  successors  of  one  of  its  brightest  gems,  and  lay  the  foundation  of 
a  Republic,  which  has  not  its  parallel  in  the  annals  of  the  world,  for  the  freedom 
of  its  constitution,  the  energy  of  its  character,  and  the  extent  of  its  territory. 
By  the  charter,  the  whole  power  was  vested  in  a  governor,  lieutenant-gover- 
nor, and  twelve  senators,  or  assistants,  as  they  were  called,  and  representatives 
from  the  several  towns,  to  be  chosen  annually  by  the  freemen.  They  had  an 
unlimited  authority  to  erect  judicatories,  to  appoint  officers,  and  to  establish 
all  necessary  laws  and  regulations.  A  government,  more  popular,  in  form,  and 
in  principle,  can  hardly  be  imagined  ;  and  yet  so  strong  has  been  the  sense  al- 
ways entertained,  by  the  people,  of  the  duty  and  necessity  of  subordination  to 
law  and  government,  that  no  violence,  tumult  or  convulsion  has  been  experi- 
enced. This  charter  comprehended  the  colony  of  New-Haven,  which  was  co- 
eval with  Connecticut,  and  nearly  similar  in  laws  and  manners.  The  two  col- 
onies were  thus  incorporated  into  one. 

Our  ancestors  considered  it  an  important  object,  that  the  statutes  should  be 
plain  and  concise,  so  as  to  be  accessible  to  every  capacity.  Accordingly,  at  an 
early  period,  they  adopted  the  excellent  practice  of  revising  them,  at  proper  in- 
tervals of  time,  by  which  they  were  greatly  abridged  and  simplified,  and  ren- 
dered much  more  intelligible. 

In  1671,  as  sundry  additional  acts  had  been  passed,  after  the  promulgation 
of  the  code,  and  as  the  new  charter  had  produced  a  change  in  their  government, 
it  was  thought  proper  a  revision  should  be  made,  to  reduce  them  to  a  uniform 
code.  The  governor,  lieutenant-governor  and  a  majority  of  the  assistants, 
were  appointed  for  that  purpose  ;  who  completed  the  work,  so  that  it  was  ap- 
proved, by  the  legislature,  in  1 672. 

Before  this  time,  the  laws  had  been  promulgated,  by  written  copies,  and  by 
directing  them  to  be  read  in  the  respective  towns.  But  as  this  mode  had  be- 
come inconvenient,  the  new  code  was  directed  to  be  printed  ;  which  was  ac- 
cordingly done,  at  Boston,  with  a  preface  strongly  characteristic  of  the  manners 
and  sentiments  of  the  age,  breathing  the  most  ardent  piety  to  their  God,  the 
sincerest  loyalty  to  their  sovereign,  and  the  deepest  solicitude  for  the  welfare  of 


PREEACE.  v 

the  people.  The  address  was,  "  To  our  beloved  brethren  and  neighbors,  the 
inhabitants  of  the  colony  of  Connecticut,  the  general  court  of  that  colony  wish 
grace  and  peace  in  our  Lord  Jesus."  Among  the  rest  is  this  passage.  "  Now, 
in  these  our  laws,  although  we  may  seem  to  vary  or  differ,  yet  it  is  not  our  pur- 
pose to  repugn  the  statute  laws  of  England,  so  far  as  we  understand  them ; 
professing  ourselves  always  ready  and  willing  to  receive  light  for  emendation 
or  alteration,  as  we  may  have  opportunity  ;  our  whole  aim  in  all  being  to  please 
and  glorify  God,  to  approve  ourselves  loyal  subjects  to  our  sovereign,  and  to 
promote  the  welfare  of  his  people,  in  all  godliness  and  honesty,  in  peace,  which 
will  be  the  more  establishing  to  his  majesty's  crown  and  dignity,  and  best  an- 
swer his  religious  directions  to  us  in  our  charter  :  And  that  pure  religion  and 
undefiled  before  God,  according  to  the  gospel  of  our  Lord  Jesus,  may  be  main- 
tained amongst  us,  which  was  the  end  of  the  first  planters,  who  settled  these 
foundations,  and  ought  to  be  the  endeavor  of  those  that  shall  succeed,  to 
uphold  and  encourage  unto  all  generations." 

The  division  and  arrangement  of  the  code  of  1650,  was  retained,  and  the  ad- 
ditional statutes  were  inserted,  in  their  proper  places.  In  this  code,  we  find 
those  wise  and  peculiar  regulations,  by  which  our  country  has  been  distinguish- 
ed. Political  liberty  and  civil  rights  are  placed  on  the  most  favorable  footing. 
The  early  legislators,  not  unmindful  of  the  hardship  and  oppression  under 
which  their  ancestors  had  groaned,  from  the  feodal  burdens  and  restraints  on 
lands,  declared,  that  all  lands  should  be  free  from  all  fines  and  licences  for  al- 
ienation, and  from  all  heriots,  wardships,  liveries,  primer  seisins,  year  and 
day,  waste,  escheats,  and  forfeitures  ;  and  should  be  holden  by  the  tenure  of 
free  and  common  socage,  the  freest  tenure  in  England  ;  so  that  every  landhold- 
er had  an  absolute  dominion  and  property  in  the  soil,  with  the  power  of  dispos- 
ing of  it,  as  he  pleased  ;  and  being  secured  in  the  fruits  of  his  labor,  was  ani- 
mated by  the  highest  inducement  to  cultivation  and  improvement. 

Instead  of  following  the  practice  of  their  native  country,  in  the  complicated 
.mode  of  civil  process,  and  the  endless  labyrinth  of  forms  in  legal  proceedings, 
they  adopted  a  concise  and  plain  mode  of  bringing  the  parties  before  the  court; 
and  they  proceeded  in  the  trial  of  the  cause  without  circuity  or  delay,  and 
with  a  facility  and  dispatch,  that  greatly  contributed  to  promote  the  ends  of 
justice.  Instead  of  volumes  to  detail  the  practice  of  the  several  courts,  a  few 
pages  are  sufficient  for  that  purpose  ;  and  the  merits  of  the  cause  are  brought 
to  view,  on  the  trial,  with  as  much  clearness,  certainty  and  fairness,  as  where 
the  most  complicated  forms  of  the  common  law  are  made  use  of. 

In  this  code,  we  find  the  institution  of  towns,  ecclesiastical  societies,  and 
common  schools,  which  have  produced  a  most  important  effect  on  society.  No 
institutions  can  be  better  calculated  than  towns  to  manage  the  minute  and  local 
concerns  of  the  community.  Accordingly,  they  were  charged  with  the  duty  of 
supporting  the  poor,  and  of  making  and  repairing  roads  and  bridges,  with  vari- 
ous other  powers  of  considerable  importance.  They  were  enabled  to  hold 
meetings,  to  make  by-laws,  and  to  appoint  the  necessary  officers,  of  various 
descriptions,  to  execute  the  powers,  and  discharge  the  duties,  confided  to  the 
towns.  Here,  the  people  meet  in  primary  assemblies  ;  and,  in  the  exercise  of 
their  authority,  constitute,  in  miniature,  a  real  democracy.  Here,  the  ener- 
gies of  the  nation  may  be  called  forth,  in  the  most  effectual  manner,  in  a  popu- 
lar cause  ;  and  it  was  by  the  instrumentality  of  towns,  that  Connecticut  made 
such  astonishing  efforts  in  the  struggle  that  led  to  the  independence  of  our 
country. 


M  PREFACE. 

Our  ancestors,  having  smarted  bitterly  under  the  rod  of  persecution,  in  their 
native  country,  established  their  ecclesiastical  constitution  on  a  very  liberal 
basis.  They  wholly  renounced  the  canon  law,  which  had  been  the  source  of 
the  most  intolerable  and  diversified  abuse  and  oppression,  in  the  countries 
where  it  had  been  admitted  ;  they  gave  to  the  people  the  power  of  selecting 
teachers,  agreeable  to  their  wishes,  instead  of  receiving  them  from  the  man- 
date of  the  lord  of  the  manor,  who  had  no  interest  in  their  spiritual  welfare ;  and 
they  authorized  them  to  provide,  by  a  convenient  mode,  for  the  support  of  the 
gospel  ministry,  instead  of  subjecting  them  to  the  payment  of  tithes,  a  tax  not 
only  extremely  odious  and  inconvenient,  but  which  operates  as  a  severe  check 
on  the  industry  of  the  people,  and  the  improvements  of  agriculture. 

Our  ancestors  were  sensible  of  the  immense  superiority  of  a  well  informed 
people,  over  the  ignorant  and  illiterate  ;  and  it  was  the  special  object  of  their 
attention  to  establish  a  system  of  education,  that  should  extend  the  means  of 
instruction  to  every  individual.  For  this  purpose,  common  schools  were  estab-, 
lished  in  every  ecclesiastical  society  ;  and  there  has  rarely  been  an  instance4of 
a  person,  who  could  not  read  and  write,  and  who  did  not  understand  enough  of 
arithmetic  for  the  ordinary  business  of  life.  And  now,  by  the  liberal  fund  es- 
tablished for  the  support  of  schools,  every  child,  whether  poor  or  rich,  has  an 
opportunity  of  acquiring  a  good  common  education,  free  from  expense  ;  a  pro- 
vision of  far  greater  consequence  to  preserve  and  perpetuate  our  civil  rights,, 
than  all  the  constitutional  checks  and  balances  that  can  be  devised  by  the  wit 
of  man. 

In  these  institutions,  the  people  constitute,  in  their  individual  capacity,  an 
important  part  of  the  government.  This  gives  them  a  personal  interest  and  in- 
fluence in  the  administration  of  it,  and  a  consideration  and  consequence  un- 
known to  despotic  governments,  where  the  rulers  are  every  thing,  and  the  peo- 
ple nothing.  Hence,  they  derive  a  dignity  and  independence  of  sentiment  pe- 
culiar to  freemen,  and  that  singular  spirit  of  enterprise,  and  energy  of  charac- 
ter, the  effects  of  which  have  been  displayed  in  almost  every  part  of  the 
globe. 

In  1696,  so  many  new  statutes  had  been  made  as  to  render  a  revision  useful 
and  proper;  and  John  Alli/n^  James  Fitch,  and  Eleazer  Kimberty,  the  two 
former  being  assistants,  and  the  latter  secretary,  were  appointed  a  committee 
to  revise  the  statutes,  and  to  consider  what  alterations  and  additions  were  ne- 
cessary to  render  them  more  effectual  in  maintaining  righteousness,  and  pro- 
moting the  weal  and  prosperity  of  the  nation.  This  revision  was  completed  in 
1700  ;  but  the  edition  was  not  published  till  1702. 

Another  edition  was  published  in  1714,  comprising  the  additional  statutes 
then  in  force. 

In  1742,  the  subject  again  came  under  the  consideration  of  the  legislature; 
and  Roger  IVolcott,  Thomas  FitcJt,  Jonathan  TmmbuU,  and  John  Bulkley,  the 
three  former  of  Avhom  were  successively  governors  of  the  colony,  and  the 
latter  a  judge  of  the  superior  court,  were  appointed  a  committee  to  revise  the 
statutes,  with  the  usual  powers,  except  as  to  acts  relating  to  real  estate,  in 
which  no  alteration  was  to  be  made.  This  work  was  completed,  approved, 
and  published,  in  1750.  Governor  Fitch,  who  was  an  eminent  lawyer  at  that 
day,  is  said  to  have  had  the  principal  agency  in  performing  the  work.  The 
statutes  were  much  compressed,  and  arranged  in  a  different  and  better  form  ; 
but  without  any  material  alterations  or  additions. 

In  1769,  a  new  edition,  with  the  additional  statutes,  was  found  necessary. 


PREFACE.  vii 

The  dissolution  of  our  connexion  with  the  British  empire,  accelerated  an- 
other revision  of  the  statutes,  within  a  shorter  period  than  usual.  So  slight  had 
keen  our  connexion  with  that  government,  and  so  little  had  they  interfered  in 
our  internal  concerns,  that  the  transition  from  a  dependent  to  a  sovereign  state, 
was  almost  imperceptible.  No  alteration  was  necessary,  but  to  erase  the 
name  of  "  His  Majesty,"  from  our  legal  proceedings,  and  insert  the  name  and 
authority  of  the  stale ;  and  the  administration  of  the  government  proceeded  in 
the  same  manner  as  before  the  declaration  of  independence.  Of  course,  in- 
stead of  framing  a  new  constitution,  it  was  deemed  sufficient  to  continue  that  in 
force,  which  had  originated  from  the  consent  of  the  people.  A  revision,  how- 
ever, of  the  laws,  was  necessary,  to  adapt  them  to  the  new  order  of  things.  Ac- 
cordingly, on  the  return  of  peace,  in  1783,  Richard  Law,  and  Roger  Shermant 
then  judges  of  the  superior  court,  were  invested  with  power  to  digest  all  the  stat- 
utes relating  to  the  same  subject  into  one  ;  and  to  reduce  the  whole  to  a  regu- 
lar alphabetical  order,  with  such  alterations,  additions,  exclusions,  and  amend- 
ments, as  they  should  judge  expedient.  This  revision  was  completed,  and 
adopted,  in  January,  1784,  at  an  adjourned  session  of  the  general  assembly, 
holden  for  that  purpose.  In  this  revision,  the  temporary  and  repealed  statutes 
were  omitted  ;  the  arrangement  was  simplified  and  improved^;  and  many  val- 
uable emendations  and  additions  were  introduced. 

In  1795,  the  statutes  again  underwent  a  partial  revision.  Chauncey  Good- 
rich^ Jonathan  Brace,  and  Enoch  Perkins  were  appointed  a  committee,  with 
powers  limited  to  compile  and  expunge  ;  and  they  confined  their  labors  to 
bringing  together  the  several  statutes  relating  to  the  same  subject,  and  to  ex- 
punging those,  which  had  been  superseded  or  repealed,  or  had  grown  obsolete, 
or  had  expired.  This  was  approved  of,  in  1796  ;  and  an  edition  was  published 
accordingly. 

So  soon  as  the  yeer  1807,  another  edition  was  found  to  be  necessary  ;  and 
on  the  application  of  Hudson  &  Goodwin,  printers  in  Hartford,  Governor 
Treadwell,  Enoch  Perkins  and  Thomas  Day,  were  appointed  a  committee  to 
superintend  the  publication,  with  power  to  omit  those  which  were  repealed, 
and  to  insert  notes  of  the  times  when  the"  statutes  were  passed,  with  marginal 
notes.  This  committee  divided  the  statutes  into  titles,  chapters,  and  sections, 
expunged  the  statutes  wholly  repealed,  noted  the  sections  of  statutes  which  had 
been  repealed,  and  added  many  historical  and  explanatory  notes,  and  referen- 
ces to  the  periods  when  the  several  provisions  were  originally  passed. 

Though  the  people  had  long  acquiesced  under  the  form  of  government  deriv- 
ed from  the  charter,  and  sanctioned  by  the  legislature  ;  yet  it  was  considered 
by  many,  that  we  had  no  constitution,  as  our  government  under  the  charter 
had  never  received  the  explicit  approbation  of  the  people,  subsequent  to  the 
declaration  of  independence.  It  was  also  considered  to  be  inconsistent  with 
the  dignity  of  a  free  nation,  to  hold  their  rights,  even  nominally,  by  the  tenure 
of  a  royal  grant ;  and  that  it  was  proper  the  powers  of  the  government  should 
be  div:dod  into  separate  departments,  and  individual  rights  be  secured,  by  a 
constitution,  that  should  control  the  legislature  itself.  It  was,  therefore, 
thought  adviseable  to  call  a  convention  for  that  object.  Accordingly,  in  1318, 
a  convention  was  assembled,  who  agreed  upon  a  constitution,  that  was  ratified 
by  the  people.  The  most  prominent  advantages  derived  from  it,  are,  that  it 
divides  the  government  into  three  branches,  the  legislative,  the  executive,  and 
the  judiciary,  which  are  confided  to  separate  magistracies  ;  and  also  secures 
the  independence  of  the  judiciary,  by  a  permanent  appointment. 


viii  PREFACE. 

The  constitution  produced  such  an  important  change  in  our  jurisprudence, 
that  another  revision  became  necessary  ;  and  in  May,  1819,  Thames  Day  and 
Lemuel  Whitman  were  appointed  a  committee,  to  examine  the  statute  laws,  and 
to  recommend  such  alterations  and  provisions  as  should  be  necessary  and  expe- 
dient to  render  the  statutes  conformable  to  the  constitution.  1  hey  reported  to 
the  legislature,  in  1820,  a  bill  to  repeal  certain  statutes,  incompatible  with  the 
provisions  of  the  constitution  ;  and,  after  pointing  out  the  defects  of  our  code, 
they  suggested,  that  to  remedy  these  defects  would  require  a  general  revision 
of  the  statutes.  Accordingly,  at  this  time,  the  undersigned  were  appointed  a 
committee,  with  ample  powers  for  that  purpose  ;  and  having  undertaken  to 
perform  that  duty,  they  made  the  following  report  to  the  legislature,  at  their 
session,  in  May,  1821. 

"  To  the  Honorable  General  Assembly  of  the  state  of  Connecti- 
cut, now  in  session. 

•'The  committee,  appointed  at  the  last  session,  to  revise  the  statutes  of  this  state, 

REPORT,  That  they  have  attended  to  the  subject  confided  to  them,  and 
•BOW  lay  before  the  legislature  an  entire  revision  of  the  public  si  atutes,  as  the 
result  of  their  labors.  Impressed  with  the  importance  and  utility  of  revis- 
ing and  amending  the  statute  laws  of  the  state,  at  proper  intervals  of  time,  and 
especially  at  this  period,  when  the  adoption  of  a  new  constitution  forms  an 
interesting  aera  in  our  juridical  history,  the  committee  have  not  hesitated  to 
exercise,  in  their  full  extent,  the  ample  powers  given  them,  in  an  attempt  to 
present  to  their  fellow  citizens,  a  concise,  perspicuous  and  comprehensive 
code,  in  conformity  to  the  views  and  wishes  of  the  legislature. 

"  The  difficulty  of  diffusing  a  general  knowledge  of  a  voluminous  code,  and 
the  perplexity  and  confusion  arising  from  an  intewnixture  of  laws  in  force  and 
not  in  force,  have  induced  the  committee  to  omit  all  statutes,  and  parts  of 
statutes,  which  have  been  directly  repealed,  or  superseded  by  new  provisions, 
or  become  obsolete  by  the  change  of  manners  and  customs,  or  inconsistent 
with  the  sentiments  of  the  age,  or  repugnant  to  the  principles  and  spirit  of  the 
constitution.  As  nothing  contributes  more  to  facilitate  the  acquisition  of  the 
knowledge  of  a  science,  than  a  methodical  arrangement  and  distribution  of  the 
parts,  it  has  been  a  principal  object  with  the  committee,  under  appropriate 
and  comprehensive  titles,  to  bring  together  all  the  statutes,  and  parts  of  stat- 
utes, relating  to  the  same  subject,  in  their  natural  order  and  connexion,  so  as 
to  exhibit  a  systematic  view  of  the  whole,  in  the  most  intelligible  form.  In 
doing  this,  they  have  sometimes  varied  the  phraseology,  and  have  suggested 
such  additions  and  alterations  as  they  judged  would  tend  to  improve  and  com- 
plete our  juridical  system.  The  statutes,  which  have  been  enacted  since  the  adop- 
tion of  the  constitution,  have  required  very  little  variation ;  and  as  nearly  the 
whole  ground  of  legislation  has  been  occupied,  it  has  been  thought  expedient  to 
propose  but  few  new  provisions.  As  it  would  render  this  report  too  volumin- 
ous to  detail  minutely  the  additions,  alterations  and  new  provisions,  which  have 
been  recommended,  with  the  reasons  therefor,  this  subject  is  reserved  for  oral 
communication  and  explanation. 

"  The  repetition  of  similar  regulations,  though  relating  to  different  subjects, 
has  been  3 voided,  as  far  possible.  The  powers  and  privileges  granted  to  cities. 


PREFACE.  jx 

by  the  various  acts  incorporating  (hem,  are  nearly  the  same.  Theso  have 
been  embodied  in  one  act,  of  nearly  the  same  length,  that  each  would  have 
required  separately.  The  same  has  been  done  with  regard  to  boroughs.  This 
was  found  to  he  impracticable  with  regard  to  banks ;  but  by  omitting  tempo- 
rary regulation?,  the  acts  incorporating  them  have  been  greatly  abridged. 

"  Acts  wholly  of  a  private  nature,  such  as  those  which  relate  to  manufac  - 
turing,  insurance  and  aqueduct  companies,  and  the  like,  have  been  omitted, 
as  they  would  greatly  increase  the  size  of  the  volume  of  statutes,  without  an- 
swering any  public  purpose.  If  it  should,  however,  be,  deemed  adviseable, 
they  can  be  retained  ;  and  they  might  be  very  much  shortened,  by  the  omission 
of  temporary  provisions.  As  it  is  not  intended,  that  private  rights,  vested  by 
statute,  should  be  affected  by  this  revision,  it  is  recommended  to  remove  all 
doubt,  that  an  act  be  passed,  declaring  that  private  rights  shall  not  be  preju- 
diced in  any  manner,  by  the  omission  or  alteration  of  any  statute,  and  shall 
remain  the  same  as  if  no  revision  had  taken  place. 

"  The  statutes,  by  this  revision,  will  probably  be  reduced  to  about  one  third 
of  their  present  size  ;  and  will  comprehend  every  regulation  of  a  public  nature, 
now  in  practical  operation.  It  is  interesting  to  contemplate  the  conciseness, 
perspicuity,  and  simplicity  of  our  code,  in  comparison  with  what  it  would 
have  been,  had  the  acts  been  retained  as  they  were  passed,  from  the  origin  of 
the  government.  One  volume,  of  a  moderate  size,  will  contain  a  body  of  stat- 
utes, as  genera],  and  comprehensive  in  their  regulations,  as  will  be  found  in 
many  volumes,  in  countries  where  they  have  been  continued  in  the  original 
form  in  which  they  were  first  promulgated.  Our  citizens,  with  little  difficulty 
and  expense,  can  become  acquainted  with  the  laws  that  govern  their  daily  con- 
duct ;  but  where  no  revision  is  ever  made,  the  statute  law  becomes  so  unwieldy 
and  complicated  as  to  be  out  of  the  reach  of  the  body  of  the  people ;  and 
they  are  compelled  to  depend  on  the  advice,  the  opinion,  and  the  information 
of  professional  men,  in  the  most  common  concerns  of  life.  To  have  conferred 
on  their  fellow  citizens  such  an  inestimable  benefit,  will  reflect  the  highest 
credit  on  the  patriotism  of  the  legislature  ;  and  it  is  a  source  of  the  purest  sat- 
isfaction to  the  committee,  to  have  contributed  their  exertions  to  promote  the 
welfare  of  a  community,  whose  free  constitution  they  ardently  pray  may  be 
perpetual." 

.Such  of  the  acts  thus  reported,  as  had  received  but  little  alteration,  were  re- 
ferred to  joint  committees  for  examination.  The  others  were  brought  before 
the  general  assembly,  in  the  form  of  original  bills,  and  were  fully  considered  in 
each  house.  The  statutes  omitted  by  the  committee  of  revision,  were  exam- 
ined by  a  joint  committee,  with  instructions  to  report  whether  any  of  them 
ought  to  be  retained.  In  the  course  of  the  session,  the  whole  subject  underwent 
a  patient  and  careful  investigation  ;  and  the  reported  acts  were  adopted  by  the 
legislature,  with  such  omissions,  additions  and  alterations,  as  they  thought  proper 
to  make  ;  and  at  the  close,  an  act  was  passed,  confirming  them  as  the  laws  of 
the  state,  and  repealing  all  others,  with  suitable  savings  for  the  protection  of 
vested  rights,  and  the  public  convenience.  The  undersigned  were  then  ap- 
pointed a  committee  to  superintend  the  printing  and  publication.  We  were 
particularly  instructed  and  authorized  to  arrange  the  statutes  under  proper  ti- 
tles, in  alphabetical  order,  accompanied  with  such  marginal  notes  and  referen- 
ces as  should  seem  proper ;  to  prefix  thereto  the  declaration  of  independence,  the 


x  PREFACE. 

constitution  of  the  United  States,  and  the  constitution  of  this  state ;  to  subjoin 
a  general  index  ;  and  to  correct  any  errors  that  might  intervene  in  the  publica- 
tion. These  powers  we  have  endeavored  to  execute,  with  a  fidelity,  proportion- 
ed, in  some  degree,  to  their  importance. 

ZEPHANIAH  SWIFT. 

LEMUEL  WHITMAN. 

THOMAS  DAY. 
NOVEMBER  1st,  1821. 


TABLE  OF  CONTENTS. 


Declaration  of  Independence, 

Constitution  of  the  United  Sates,  . 

Constitution  of  Connecticut,              .....  20 

An  Act  authorizing  the  appointment  of  Auditors  in  actions  of 
Account,  ........ 

An  Act  for  the  regulation  of  Civil  Actions,                              ••  34 
An   Act  authorizing  submissions  to    Arbitration    to   be   made 

rules  of  court,         .         .          .         .         .          .         .         •  59 

An  Act  imposing  a  Duty  on  sales  at  Auction  in  certain  cases,  60 

An  Act  concerning  Bail  in  civil  actions,        ....  62 

An  Act  to  incorporate  the  Hartford   Bank,         ...  64 

An  Act  to  incorporate  the   Union  Bank  in  New-London,  67 

An  Act  to  incorporate   the  New-Haven  Bank,         .          .  69 

An  Act  to  incorporate  the  Middletown  Bank,              .          .  71 

An  Act  to  incorporate  the  Norwich  Bank,               ...  73 

An  Act  to  incorporate  the  Bridgeport  Bank,                 .         .  75 

An  Act  to  incorporate  the  New-London  Bank,      ...  78 

An  Act  to  incorporate  the  Derby  Bank,              ...  81 

An  Act  to  incorporate  the  Eagle  Bank,       ....  83 

An  Act  to  incorporate  the  Phoenix  Bank,             .          .         .  86 
An  Act  enabling   the  treasurer  of  the  state   to  subscribe  the 
monies  of  this  state  to  the  Hartford,  New-Haven  and   Mid- 
dletown Banks, 89 

An  Act  relative  to  incorporated  Banks,        ....  90 

An  Act  for  destroying  Barberry-bushes,           ...  91 

An  Act  providing  for  the  support  of  Bastard  children,         .  91 

An  Act  concerning  Book-debts,               ....  93 

An  Act  to  ascertain  the  Bounds  of  towns,           ....  95 
An  Act  incorporating  the  boroughs   of  Bridgeport,  Stonington, 

Guilford,   Killingworth  and  Essex,         ....  95 

An  Act  giving  additional  powers  to  the  borough  of  Bridgeport,  103 

An  Act  relating  to  Briefs, 105 

An  Act  to  prevent  the  spreading  of  the  Canada  Thistle^  106 

An  Act  for  the  education  and  government  of  Children,         .  107 


CONTENTS* 


An  Act  incorporating'the  cities  of  Hartford,  New-Haven,  New- 
London,  Norwich  and  Middletown,         ....  108 

An  Act  to  secure  the  cities  of    Hartford  and  New-Haven  from 

damage  by  fire,  by  regulating  the  mode  of  building,         .  122 

An  Act  regulating  side-walks  in  the  cities  of  Hartford,  New- 
Haven  a^jd  Middletown,         .         .         .         .         .         .          124 

An  Act  regulating  the  streets  in  the  city  of  Hartford,    and  for 

preserving  the  health  of  the  inhabitants  thereof,         .         .          126 
An  Act  in  addition  to  an  act  regulating  the  streets  and  buildings 
in  the  City  of  Hartford,  and  for  preserving  the  health  of  the 
inhabitants  thereof,         .         .         .         .         .         .          .          130 

An    Act   enabling  Communities  to   enforce    and  defend  their 

rights, 131 

An  Act  relating  to  Constables,  ....  132 

An  Act  to  prevent  the  importation  of  Convicts,  .          .  133 

An  Act  to  prevent  the  passing  oi  Counterfeit  Bills  and  Coins,  133 

An  Act  for  stating,  limiting  and  naming  the  Counties  in  this 

State, 135 

An  Act  for  constituting  and  regulating  Courts,  and  for  appoint- 
ing the  times  and  places  of  holding  the  same,         .         .  136 
An  Act  concerning  Crimes  and  Punishments,         .          .  151 
An  Act  concerning  sudden  or  untimely  Deaths.         .         .              177 
An  Act  authorizing  the  Superior  Court  to  grant  Divorces,  178 
An  Act  for  preventing  mischief  by  Dogs,         .         .         .  179 
An  Act  providing  Dower  for  widows,             ...  180 
An  Act  providing  for  the  laying  and  collecting  of  Duties  in  cer- 
tain cases  therein  mentioned,         .          .         .         .         .  182 

An  Act  regulating  the  Election  of  Governor,  Lieutenant-Gov- 
ernor,  Senators,  members  of  the  House  of  Representatives, 
Treasurer  and  Secretary,         .          .          .         .         .         .          185 

An  Act  regulating  the  Election  of  Senators   and  Representa- 
tives for  this  State  in  the  Congress  of  the  United  States,  190 
An  Act  relative  to  the  admission  of  Electors,           .         .              194 
An  Act  regulating  proceedings  in  Equity,             .         .         .          195 
An    Act  relating  to  the    disposition  of    Escheats,  and    other 
property  belonging  to  the   State,         ....              198 

An  Act  for  the  settlement  of  Estates,  Testate,  Intestate,   and 

Insolvent, 199 

An  Act  securing    to  the  State  a  priority  of  claim  against  the 

estates  of  Insolvent  Debtors,  .....  212 
An  Act  concerning  Fences  and  Common  Fields,  .  213 
An  Act  relating  to  Ferries,  .  .  .  .  .  219 
An  Act  for  encouraging  and  regulating  Fisheries,  .  .  227 
An  Act  directing  proceedings  against  Forcible  Entry  and  De- 
tainer,   235 

An  Act  authorizing  the  collection  of  debts  by  Foreign  Attach- 
ment,   237 

An  Act  prescribing  the  Forms  of  Writs  and  Processes,         .  242 


CONTENTS.  xiii 

Page. 

An  Act  for  the  prevention  of  Frauds  and  Perjuries,         .  246 

An  Act  against  Fraudulent  Conveyances,           .         •         •  247 

An  Act  to  prevent  Gaming,         .....  248 

An    Act  concerning  Gaols  and  Gaolers,         .         .          .  250 
An  Act  prescribing  the  mode  of  proceeding  by  the  General  As- 
sembly in  certain  cases,         ......  257 

An  Act  authorizing  the  Governor  to  appoint  a  Secretary  and 

Notaries  Public, 258 

An  Act  relating  to  Grand-Jurors,  .....  259 
An  Act  relating  to  Guardians  and  Minors,  .  .  .  262 
An  Act  to  provide  for  issuing  the  writ  of  Habeas  Corpus,  265 
An  Act  relating  to  Highways  and  Bridges,  .  .  .  266 
An  Act  providing  for  the  care  and  government  of  Idiots,  Luna- 
tics and  Spendthrifts, 274 

An  Act  for   the  protection  of  Indians,  and  the  preservation  of 

their  property,         .......  278 

An  Act  for  the  admission  and  settlement  of  Inhabitants  in  towns,  279 
An  Act  to  authorize  the  Superior  Court  to  grant  relief  in  certain 

cases  of  Insolvency,         .         .          .          .          .          .  282 

An  Act  to  regulate  the  Inspection  of  Provisions  and  other  arti- 
cles of  Commerce,         .......  286 

An  Act  to  prevent   Intemperance,         ....  297 

An  Act  prescribing  the  numberof  Jurymen  for  each  Town  in  this 

State,         .         .         .         .         .         .         .         .         .  298 

An  Act  concerning  Lands,         ......  299 

An    Act  enabling  the  Proprietors    of  common  and  undivided 

Lands  to  manage  and  dispose  of  the  same,         .          .         .  304 
An  Act  prescribing  a  summary  process  to  enable  the  owners  of 

Lands,  Houses,  or  other  Buildings,  to  recover  Possession,  307 
An  Act  concerning  Leather,  and  for  regulating  the  several  arti- 
ficers concerned  in  working  and  making  up  the  same,          .  308 
An  Act  concerning  Library  Companies,         .          .          .  309 
An  Act  for  the  Limitation  of  civil  actions,  and  of  criminal  prose- 
cutions,        .          .         .          .          .         .          .         .         .  309 

An  Act  to  prevent  unlawful  Maintenance,         .         .          .  312 
An  Act  authorizing  the  Superior  Court  to  grant  writs  of  Man- 
damus, Prohibition  and  Quo  Warranto,         .         .         .  314 
An  Act  concerning  incorporated  Manufacturing  Companies,  31  o 
An  Act  for  the  due  and   orderly  celebrating  of  Marriage,  316 
An  Act  relating  to  Masters  and  Servants,         .          .         .  318 
An  Act  to  incorporate  Medical   Societies,  and  to  establish  the 
Medical  Institution  of  Yale-College,         .         .         .         .  322 

An  Act  to  preserve  order  in  Meetings  of   towns  and  other  com- 
munities,        .         .         .         .         .          .         .         .  326 

An  Act  to  prevent  the  disturbance  of  Religious  Meetings,  327 

An  Act  for  forming  and  conducting  the  Military  Force,         .  328 

An  Act  concerning  Mills  and  Millers,         ....  356 

An  Act  concerning  New-gate  prison,              .         .         .    •  357 


xiv  CONTENTS. 

Page. 

An  Act  concerning  Promissory  Notes  and  Bills  of  Exchange,        360 
An  Act  to  prevent  and  remove  Nuisances  in  highways,  rivers 
and  water-courses,         .         .         .         .         .         .         .         361 

An  Act  prescribing  the  forms  of  certain  Oaths  to  be  used  in  this 

state, 363 

An  Act  to  provide  for  the  support  of  Paupers,      .         .         .         369 
An  Act  providing  for  the  support  of  State  Paupers,          .  371 

An  Act  to  suppress  Pedlars,  Hawkers,  and  Petty- Chapmen,  374 

An  Act  concerning  Petitions  and  Memorials  to  the  General 

Assembly, 375 

An  Act  relating  to  Pews, 376 

An  Act  relating  to  Post-Guides, 377 

An  Act  to  provide  Pounds,  and  to  regulate  the  impounding  of 
Creatures,         ........  377 

An  Act  prescribing  the  mode  of  preserving  and  certifying  the 

Records  of  Justices  of  the  Peace,  in  certain  cases,       .  381 

An  Act  authorising  Writs  of  Replevin,          ....          382 

An  Act  for  the  suppression  of  Riots,         .         .         .         .  384 

An  Act  for  the  due  observance  of  the  Sabbath  or  Lord's  day,  and 

days  of  public  Fasting  and  Thanksgiving,         .         .         .         385 
An  Act  for  regulating  Salaries  and  Fees,          .         .         .  -  387 

An  Act  for  the  regulation  of  School  Societies,  and  for  the  sup- 
port of  Schools,      .         .         .         .         .         .         .          .         396 

An  Act  relating  to  the  School  Fund,  .         .         .  405 

An  Act  for  the  detection  and  punishment  of  Secret  Assaults,  407 

An  Act  relating  to  the  office  and  duty  of  the  Secretary  of  the 

State,         ' 408 

An  Act  appointing  and  directing  Commissioners  of  Sewers  and 
Scavengers,          ........ 

An  Act  regulating  the  manufacture  and  sale  of  Sewing  Silk, 
An  Act  relating  to  Sheep,  ...... 

An  Act  relating  to  Sheriffs,  .         .         .         .         . 

An  Act  providing  in  case  of  Sickness,          .... 

An  Act  relating  to  Sign-posts,        ..... 

An  Act  to  prevent  Slavery,         ...... 

An  Act  relating  to  Religious  Societies  and  Congregations, 
An  Act  to  regulate  the  selling  of  Spiritous  Liquors, 
An  Act  for  the  regulation  of  Drivers  of  Stages  and  other  Car- 
riages, ......... 

An  Act  relating  to  Stray  Beasts  and  Lost  Goods, 
An  Act  for  the  appointment  of  Surveyors, 
An  Act  for  licencing  and  regulating  Taverns,  and  suppressing 
unlicenced  Houses,        ....... 

An  Act  for  the  Assessment  of  Taxes,       .... 

An  Act  providing  for  the  Collection  of  Taxes, 

An  Act  concerning  Towns,  ..... 

An  Act  prescribing  the  duty  of  Town-Clerks, 
An  Act  establishing  the  Treasury  Department, 


CONTENTS.  xv 

Page. 
An  Act  for  detecting  and  punishing  Trespasses  in  divers  cases, 

and  directing  proceedings  therein,           ....  466 

An  Act  to  detect  and  punish  Trespasses,  committed  in  the  night 

season,         .........  470 

An  Act  relating  to  Turnpike  Roads,         .         .         .  470 

An  Act  to  restrain  the  taking  of  Usury,        ....  476 

An  Act  to  prevent  Vexatious  Suits,           ....  477 

An  Act  relating  to  Weights  and  Measures,     ....  477 

An  Act  authorising  towns  to  erect  Work-Houses,  or  Houses  of 

Correction,        ........  480 

An  Act  concerning  Wrecks, 482 

An  Act  concerning  the  Corporation  of  Yale-College,          .  483 

An  Act  for  confirming  the  Statute  Laws  of  this  State,  as  revised 
by  the  General  Assembly,  at  their  session  in  May,  one  thousand 

eight  hundred  and  twenty-one,         .         .         .         .         .  485 


ERRATA. 

f  age  417,  sect.  13,  line  3,  for  "thirty"  read/or^. 

"  475,     «    16,  «  25-6,  for ' 'removing"  read  renewing. 


V, 


DECLARATION  OF  INDEPENDENCE. 


In  Congress,  July  4th,  1776. 

THE  UNANIMOUS  DECLARATION  OF  THE  THIRTEEN  UNITED 
STATES  OF  AMERICA. 

WHEN,  in  the  course  of  human  events,  it  becomes  Propriety  ef 
necessary  for  one  people  to  dissolve  the  political  bands  the  declara- 
which  have  connected  them  with  another,  and  to  assume,  tion* 
among  the  powers  of  the  earth,  the  separate  and  equal 
station,  to  which  the  lawrs  of  nature  and  of  nature's  God 
entitle  them,  a  decent  respect  to  the  opinions  of  mankind 
requires,  that  they  should  declare  the  causes,  which  im- 
pel them  to  the  separation. 

We  hold  these  truths  to  be  self-evident — That  all  men  Unalienable 
are  created  equal ;  that  they  are  endowed  by  their  Crea^-  rights  of  the 
tor  with  certain  unalienable  rights;  that  among  these 
are  life,  liberty,  and  the  pursuit  of  happiness  :  That  to 
secure  these  rights,  governments  are  instituted  among 
men,  deriving  their  just  powers  from  the  consent  of  the 
governed ;  that  whenever  any  form  of  government  be- 
comes destructive  of  these  ends,  it  is  the  right  of  the 
people  to  alter  or  to  abolish  it,  and  to  institute  new  gov- 
ernment, laying  its  foundation  on  such  principles,  and 
organizing  its  powers  in  such  form,  as  to  them  shall  seem 
most  likely  to  effect  their  safety  and  happiness.  Pru- 
dence, indeed,  will  dictate,  that  governments  long  estab- 
lished should  not  be  changed  for  light  and  transient  cau- 
ses ;  and  accordingly  all  experience  hath  shown,  that 
mankind  are  more  disposed  to  suffer,  while  evils  are  suf- 
ferable,  than  to  right  themselves,  by  abolishing  the  forms 
to  which  they  are  accustomed.  But  when  a  long  train 
of  abuses  and  usurpations,  pursuing  invariably- the  same 
object,  evinces  a  design  to  reduce  them  under  absolute 
despotism,  it  is  their  right,  it  is  their  duty,  to  throw  off 
such  government,  and  to  provide  new  guards  for  their 
future  security.  Such  has  been  the  patient  sufferance  of 
these  colonies  ;  and  such  is  now  the  necessity  which  con- 
strains them  to  alter  their  former  systems  of  govern- 
ment. The  history  of  the  present  king  of  Great-Brit- 
ain, is  a  history  of  repeated  injuries  and  usurpations,  all  Absolute  ty- 
having  in  direct  object  the  establishment  of  an  absolute  ranay  theob- 
tyranny  over  these  states.  To  prove  this,  let  facts  be  £ct  °ff  *he  . 
submitted  to  a  candid  world. 


2  DECLARATION  OF  INDEPENDENCE. 

Recitation  of        He  has  refused  his  assent  to  laws  the  most  wholesome 
X^L  and  necessary  for  the  public  good, 
the  p*rt  of  the       He  has  forbidden  his  governors  to  pass  laws  of  imme- 
BritUh  crown,  diate  and  pressing  importance,  unless  suspended  in  their 
operation,  till  his  assent  should  be  obtained  ;  and  when 
so  suspended,  he  has  utterly  neglected  to  attend  to  them. 
He  has  refused  to  pass  other  laws  for  the  accommoda- 
tion  of  large  districts  of  people,   unless  those  people 
would  relinquish  the  right  of  representation  in  the  le- 
gislature— a  right  estimable  to  them,  and  formidable  to 
tyrants  only. 

He  has  called  together  legislative  bodies  at  places  un- 
usual, uncomfortable,  and  distant  from  the  repository  of 
their  public  records,  for  the  sole  purpose  of  fatiguing 
them  into  compliance  with  his  measures. 

He  has  dissolved  representative  houses  repeatedly, 
for  opposing,  with  manly  firmness,  his  invasions  on  the 
rights  of  the  people. 

He  has  refused,  for  a  long  time  after  such  dissolutions, 
to  cause  others  to  be  elected  ;  whereby  the  legislative 
powers,  incapable  of  annihilation,  have  returned  to  the 
people  at  large,  for  their  exercise  ;  the  state  remaining, 
in  the  mean  time,  exposed  to  all  the  dangers  of  invasion 
from  without,  and  convulsions  within. 

He  has  endeavoured  to  prevent  the  population  of 
these  states ;  for  that  purpose,  obstructing  the  laws  for 
naturalization  of  foreigners  ;  refusing  to  pass  others  to 
encourage  their  migration  hither,  and  raising  the  condi- 
tions of  new  appropriations  of  lands. 

He  has  obstructed  the  administration  of  justice,  by  re- 
fusing his  assent  to  laws  for  establishing  judiciary  pow- 
ers. 

He  has  made  judges  dependent  on  his  will  alone,  for 
the  tenure  of  their  offices,  and  the  amount  and  payment 
of  their  salaries. 

He  has  erected  a  multitude  of  new  offices,  and  sent 
hither  swarms  of  officers,  to  harass  our  people,  and  eat 
out  their  substance. 

He  has  kept  among  us,  in  times  of  peace,  standing  ar- 
mies, without  the  consent  of  our  legislatures. 

He  has  affected  to  render  the  military  independent  of, 
and  superior  to,  the  civil  power. 

He  has  combined  with  others  to  subject  us  to  a  juris- 
diction foreign  to  our  constitution,  and  unacknowledged 
by  our  laws  ;  giving  his  assent  to  their  acts  of  pretended 
legislation  : 

For  quartering  large  bodies  of  armed  troops  among 
us  : 

For  protecting  them,  by  a  mock  trial,  from  punish- 


DECLARATION  OF  INDEPENDENCE. 

ment  for  any  murders  which  they  should  commit  on  the 
inhabitants  of  these  states  : 

For  cutting  off'  our  trade  with  all  parts  of  the  world  : 

For  imposing  taxes  on  us  without  our  consent  : 

For  depriving  us,  in  many  cases,  of  the  benefits  of  tri- 
al by  jury: 

For  transporting  us  beyond  seas  to  be  tried  for  pre- 
tended offences  : 

For  abolishing  the  free  system  of  English  laws  in  a 
neighbouring  province,  establishing  therein  an  arbitrary 
government,  and  enlarging  its  boundaries,  so  as  to  ren- 
der it,  at  once,  an  example  and  fit  instrument  for  intro- 
ducing the  same  absolute  rule  into  these  colonies  : 

For  taking  away  our  charters,  abolishing  our  most  val- 
uable laws,  and  altering,  fundamentally,  the  forms  of  our 
governments  : 

For  suspending  our  own  legislatures,  and  declaring 
themselves  invested  with  power  to  legislate  for  us  in  all 
cases  whatsoever. 

He  has  abdicated  government  here,  by  declaring  us 
out  of  his  protection,  and  waging  war  against  us. 

He  has  plundered  our  seas,  ravaged  our  coasts,  burnt 
our  towns,  and  destroyed  the  lives  of  our  people. 

He  is,  at  this  time,  transporting  large  armies  of  for- 
eign mercenaries  to  complete  the  works  of  death,  desola- 
tion, and  tyranny,  already  begun,  with  circumstances  of 
cruelty  and  perfidy,  scarcely  paralleled  in  the  most  bar- 
barous ages,  and  totally  unworthy  the  head  of  a  civilized 
nation. 

He  has  constrained  our  fellow  citizens,  taken  captive 
on  the  high  seas,  to  bear  arms  against  their  country,  to 
become  the  executioners  of  their  friends  and  brethren, 
or  to  fall  themselves  by  their  hands. 

He  has  excited  domestic  insurrections  amongst  us,  and 
has  endeavoured  to  bring  on  the  inhabitants  of  our  fron- 
tiers the  merciless  Indian  savages,  whose  known  rule  of 
warfare  is  an  undistinguished  destruction  of  all  ages,  sex- 
^s  and  conditions. 

In  every  stage  of  these  oppressions  we  have  petition-  Petitions  for 
ed  for  redress,  in  the  most  humble  terms  :  our  repeated  ™™**  "*" 


petitions  have  been  answered  only  by  repeated  injury. 
A  prince,  whose  character  is  thus  marked  by  every  act 
which  may  define  a  tyrant,  is  unfit  to  be  tiie  ruler  of  a 
free  people. 

Nor  have  we  been  wanting  in  attention  to  our  British  Appeal  to  the 
brethren.     We  have  warned  them,  from  time  to  time,  of  British  peo- 
attempts,  by  their  legislature,  to  extend  an  unwarranta-  Ple»  fruitiess- 

.-iiction  over  us.     We  have  reminded  them  of 
the  circumstances  of  our  emigration  and  settlement  here. 


4  DECLARATION  Of  INDEPENDENCE. 

We  have  appealed  to  their  native  justice  and  magnanim- 
ity; and  we  have  conjured  them,  by  the  ties  of  our  com- 
mon kindred,  to  disavow  these  usurpations,  which  would 
inevitably  interrupt  our  connexions  and  correspondence. 
They,  too,  have  been  deaf  to  the  voice  of  justice,  and  of 
consanguinity.  We  must,  therefore,  acquiesce  in  the  ne- 
cessity, which  denounces  our  separation,  and  hold  them 
as  we  hold  the  rest  of  mankind,  enemies  in  war,  in  peace 
friends. 

We,   therefore,   the   representatives  of  the   United 
Declaration  of  States  of  America,  in  general  congress  assembled,  ap- 
indpendence.    pealmg  to  the  Supreme  Judge  of  the  world,  for  the  rec- 
titude of  our  intentions,  do,  in  the  name  and  by  the  au- 
thority of  the  good  people  of  these  colonies,  solemnly 
publish  and  declare,  that  these  united  colonies  are,  and 
The  colonies     °^  "^ht  ouSht  to  be'  ^ree  and  independent  states  ;  that 
absolved  from    ^hey  are  aos°lved  from  all  allegiance  to   the    British 
their  allegi-      crown,  and  that  all  political  connexion  between  them 
ance,  &c.         and  the  state  of  Great-Britain,  is,  and  ought  to  be,  total- 
ly dissolved;  and  that  as  free  and  independent  states, 
they  have  full  power  to  levy  war,  conclude  peace,  con- 
tract alliances,  establish  commerce,  and  to  do  all  other 
acts  and  things,  which  independent  states  may  of  right 
do.     And  for  the  support  of  this  declaration,  with  a  firm 
oHMdity  C  gC  re^ance  on  the  protection  of  Divine  Providence,   we 
mutually  pledge  to  each  other  our  lives,  our  fortunes, 
and  our  sacred  honour. 

The  foregoing  declaration  was,  by  order  of  congress, 
engrossed,  and  signed  by  the  following  members  : 

JOHN  HANCOCK. 

NEW-HAMPSHIRE.  NEW-YORK. 

Josiah  Bartlett,  William  Floyd, 

William  Whipple,  Philip  Livingston, 

Matthew  Thornton.  Francis  Lewis, 

MASSACHUSETTS  BAY.  Lewis  Morris. 
Samuel  Adams,  NEW-JERSEY. 

Jchn  Adams,  Richard  Stockton, 

Robert  Treat  Paine,  John  Witherspoon, 

Elbridge  Gerry.  Francis  Hopkinson, 

RHODE-ISLAND,  &c.  John  Hart, 

Stephen  Hopkins,  Abraham  Clark. 
William  Ellery.  PENNSYLVANIA. 

CONNECTICUT.  Robert  Morris, 

Roger  Sherman,  Benjamin  Rush, 

Samuel  Huntington,  Benjamin  Franklin. 

William  Williams,  John  Morton, 

Oliver  Woicott.  George  Clymer. 


CONSTITUTION  OF  THE  UNITED  STATES. 


James  Smith, 
George  Taylor, 
James  Wilson, 
George  Ross. 

DELAWARE. 

Cesar  Rodney, 
George  Read, 
Thomas  M-KeaD. 

MARYLAND. 

Samuel  Chase, 
William  Paca, 
Thomas  Stone, 
Charles  Carroll,  of  Carrol- 

VIRGINIA.  [ton. 

George  Wythe, 
Richard  Henry  Lee, 
Thomas  Jefferson, 


Benjamin  Harrison, 
Thomas  Nelson,  jr. 
Francis  Lightfoot  Lee.! 
Carter  Braxton. 

NORTH-CAROLINA. 

William  Hooper, 
Joseph  Hewes, 
John  Penn. 

SOUTH-CAROLINA. 

Edward  Rutledge, 
Thomas  Heyward,jr, 
Thomas  Lynch,  jr. 
Arthur  Middletou. 

GEORGIA. 

Button  Gwinnett, 
Lyman  Hall, 
George  Walton. 


CONSTITUTION  OF  THE  UNITED  STATES. 


WE,  the  people  of  the  United  States,  in  order  to  form 
a  more  perfect  union,  establish  justice,  ensure  domestic 
tranquillity,  provide  for  the  common  defence,  promote 
the  general  welfare,  and  secure  the  blessings  of  liberty 
to  ourselves  and  our  posterity,  do  ordain  and  establish 
this  constitution  for  the  United  States  of  America. 

ARTICLE  I. 

SECTION   1. 

1 .  All  legislative  powers  herein  granted,  shall  be  vest-  Legislati 
ed  in,  a  congress  of  the  United  States,  which  shall  con-  power?  ve 
sist  of  a  senate  and  house  of  representatives.  incongre 

SECTION  2. 

1 .  The  house  of  representatives  shall  be  composed  of 
members  chosen  every  second  year,  by  the  people  of  the 
several  states  ;  and  the  electors  in  each  state  shall  have 
the  qualifications  requisite  for  electors  of  the  most  nu- 
merous branch  of  the  state  legislature. 

2.  No  person  shall  be  a  representative,  who  shall  not 
have  attained  to  the  age  of  twenty -five  years,  and  been 
seven  years  a  citizen  of  the  United  States,  and  who  shall 
not,  when  elected,  be  an  inhabitant  of  that  State  in  which 
he  shall  be  chosen. 


House  of  rep- 
resentatives ; 
its  members  ; 
by  whom  cho- 
sen ;  qualifica- 
tions of  elec- 
tors. 

Qualifications 
of  representa- 
tives. 


6 


CONSTITUTION  OF  THE  UNITED  STATES. 


Representa- 
tives and  tax- 
es to  be  ap- 
portioned ac- 
cording to 
numbers. 


Actual  enu- 
meration eve- 
ry ten  years. 


Limitation  of 
the   ratio  of 
representa- 
tion, &c. 

First  appor- 
tionment of 
representa- 
tires. 


Writs  of  elec- 
tion for  filling 
vacancies. 

The  house  of 
representa- 
tives to  choose 
their  speaker, 
&c. 

Two  senators 
chosen  by  the 
legislature  of 
each  state,  for 
6  years ;  each 
a  vote. 

The  senate 
divided  into 
three  classes. 

One  third  of 
the  senatorial 
seats  vacated, 
and  filled,  eve- 
ry two  years. 

Excntives  of 
states  to  fill  va- 
cancies in  the 
recess  of  le- 
gislatures, &c. 

Qualifications 
of  senators. 


3.  Representatives  and  direct  taxes  shall  be  appor- 
tioned among  the  several  states  which  may  be  included 
within  this  union,  according  to  their  respective  numbers, 
which  shall  be  determined  by  adding  to  the  whole  num- 
ber of  free  persons,  including  those  bound  to  service  for 
a  term  of  years,  and  excluding  Indians  not  taxed,  three 
fifths  of  all  other  persons.    The  actual  enumeration  shall 
be  made  within  three  years  after  the  first  meeting  of  the 
congress  of  the  United  States,  and  within  every  subse- 
quent term  often  years,  in  such  manner  as  they  shall  by 
law  direct.    The  number  of  representatives  shall  not  ex- 
ceed one  for  every  thirty  thousand,  but  each  state  shall 
have  at  least  one  representative  :  and  until  such  enumera- 
tion shall  be  made,  the  state  of  New- Hampshire  shall  be 
entitled  to  choose  three  ;  Massachusetts  eight;  Rhode-Isl- 
and Providence  Plantations  one  ;  Connecticut  five ;  New- 
York  six;   New-Jersey  four;   Pennsylvania  eight;  Del- 
aware one  ;  Maryland  six  ;   Virginia  ten  ;    North-Caro- 
lina five  ;  South-Carolina  five  ;   and  Georgia  three. 

4.  When  vacancies  happen  in  the  representation  from 
any  state,  the  executive   authority  thereof  shall  issue 
writs  of  election  to  fill  such  vacancies. 

5.  The  house  of  representatives   shall  choose  their 
speaker  and  other  officers,  and  shall  have  the  sole  pow- 
er of  impeachment. 

SECTION  3. 

1 .  The  senate  of  the  United  States  shall  be  composed  of 
two  senators  from  each  state,  chosen  by  the  legislature 
thereof,  for  six  years  ;  and  each  senator  shall  have  one 
vote. 

2.  Immediately  after  they  shall  be  assembled  in  con- 
sequence of  the  first  election,  they  shall  be  divided,  as 
equally  as  may  be.  into  three  classes.     The  seats  of  the 
senators  of  the  first  class,  shall  be  vacated  at  the  expira- 
tion of  the  second  year,  of  the  second  class,  at  the  expi- 
ration of  the  fourth  year,  and  of  the  third   class,  at  the 
expiration  of  the  sixth  year,  so  that  one  third  may  be 
chosen  every  second  year ;  and  if  vacancies  happen  by 
resignation  or  otherwise,  during  the  recess  of  the  legisla- 
ture of  any  state,  the  executive  thereof  may  make  tem- 
porary appointments  until  the  next  meeting  of  the  legis- 
lature, which  shall  then  fill  such  vacancies. 

3.  No  person  shall  be  a  senator,  who  shall  not  have  at- 
tained tfl  the  age  of  thirty  years,  and  been  nine  years  a 
citizen  of  the  United  States,  and  who  shall  not,  when 
elected,  be  an  inhabitant  of  that  state  for  which  he  shall 
be  chosen. 


CONSTITUTION  OF  THE  UNITED  STATES. 

4.  The  vice-president  of  the  United  States  shall  be  Vice-presi. 
president  of  the  senate,  but  shall  have  no  vote,  unless  SSjJo 
they  be  equally  divided.  senate. 

5.  The  seriate  shall  choose  their  other  officers,  and  The  senate  to 
also  a  president  pro  tempore,  in  the  absence  of  the  vice-  p^JJjJJ6'1^- 
president,  or  when  he  shall  exercise  the  office  of  presi-  tempore,  &c. 
dent  of  the  United  States. 

6.  The  senate  shall  have  the  sole  power  to  try  all  im-  The  sole  pow- 
peachments.     When  sitting  for  that  purpose,  they  shall  "^h^e™" 
be  on  oath  or  affirmation.     When  the  president  of  the  jn  the  senate. 
United  States  is  tried,  the  chief  justice  shall  preside  ;  &c. 

and  no  person  shall  be  convicted  without  the  concur- 
rence of  two  thirds  of  the  members  present. 

7.  Jad^ment,  in  cases  of  impeachment,  shall  not  ex-  Extent  of 
tend  further  thau  to  removal  from  office,  and  disqualifica-  JcuadJ™*f  \m- 
tion  to  hold  an- 1  enjoy  any  office  of  honor,  trust,  ox  prof-  peachmeot. 
it,  under  the  United  States ;    but  the  party  convicted  Party  liable 
shall,  nevertheless,  be  liable  and  subject  to  indictment,  ^°^"dfc_ 
trial,  judgment,  and  punishment,  according  to  law.  cordingto  law. 

SECTION  4. 

1 .  The  times,  places,'  and  manner  of  holding  elections  Times,  &c.  of 

for  senators  and  representatives,  shall  be  prescribed  in  h.oldin/  elec" 
i_      J.L            •  i              ^L.           c     i.    i  j.u  iioas  lor  se- 
each  state,  by  the  legislature  thereof;  but  the  congress  natorg  and  re- 
may,  at  any  time,  by  law,  make  or  alter  such  regulations,  presentatives, 
except  as  to  the  places  of  choosing  senators.  regulated. 

2.  The  congress  shall  assemble  at  least  once  in  every  Congress  to 
year  ;  and  such  meeting  shall  be  on  the  first  Monday  in  assemble  an- 
December,  unless  they  shall  by  law  appoint  a  different  g"gat  vionday 
day.  in  December, 

&c. 
SECTION  5. 

1 .  Each  house  shall  be  the  judge  of  the  elections,  re-  Each  house  to 

turns,  and  qualifications,  of  its  own  members  :  and  a  ma-  J ,  %e. ot  tj?e 

.,        f        \_    i.   M  j     i_     •  election  of  its 

jonty.  of  each  shall  constitute  a  quorum  to  do  business  ;  own  mem. 

but  a  smaller  number  may  adjourn  from  day  to  day,  and  hers, 
may  be  authorised  to  compel  the  attendance  of  absent  Quorum, 
members,  in  such  manner,  and  under  such  penalties,  as 
each  house  may  provide. 

2.  Each  house  may  determine  the  rules  of  its  proceed-  Each  house  to 
ings,  punish  its  members  for  disorderly  behaviour,  and,  determine  its 
with  the  concurrence  of  two  thirds,  expel  a  member.         °wn  ru  es' 

3.  Each  house  shall  keep  a  journal  of  its  proceedings,  Journals  to  be 
and  from  time  to  time  publish  the  same,  excepting  such  kePt  b>"  eact| 
parts  as  may,  in  their  judgment,  require  secrecy ;  and  the  p^she"?  &c 
yeas  and  nays  of  the  members  of  either  house  on  any 
question,  shall,  at  the  desire  of  one  fifth  of  those  present, 

be  entered  on  the  journal. 


8 


CONSTITUTION  OP  THE  UNITED  STATES. 


Adjournment         4.  Neither  house,  during  the  session  of  congress,  shall, 
joth  houses.  without  the  consent  of  the  other,  adjourn  for  more  than 
three  days,  nor  to  any  other  place  than  that  in  which  the 
two  houses  shall  be  sitting. 

SECTION  6. 

1.  The  senators  and  representatives  shall  receive  a 
compensation  for  their  services,  to  be  ascertained  by 
law,  and  paid  out  of  the  treasury  of  the  United  States. 
They   shall,  in  all  cases,   except  treason,   felony  and 
breach  of  the  peace,  be  privileged  from  arrest,  during 
their  attendence  at  the  session  of  their  respective  hous- 
es, and  in  going  to  or  returning  from  the  same  ;  and  for 
any  speech  or  debate  in  either  house,  they  shall  not  be 
questioned  in  any  other  place. 

2.  No  senator  or  representative  shall,  during  the  time 
for  which  he  was  elected,  be  appointed  to  any  civil  of- 
fice under  the  authority  of  the  United  States,  which  shall 
have  been  created,  or  the  emoluments  whereof  shall  have 
been  increased,  during  such  time  ;  and  no  person  holding 
any  office  under  the  United  States,  shall  be  a  member  of 
either  house,  during  his  continuance  in  office. 

SECTION  7. 

1.  All  bills  for  raising  revenue  shall  originate  in  the 
house  of  representatives ;  but  the  senate  may  propose  or 
concur  with  amendments  as  on  other  bills. 

2.  Every  bill,  which  shall  have  passed  the    house  of 
representatives  and  the  senate,  shall,  before  it  become 
a   law,   be  presented  to    the  president  of  the    United 
States  ;  if  he  approve,  he  shall  sign  it ;  but  if  not,  he 
shall  return  it,  with  his  objections,  to  that  house  in  which 
it  shall  have  originated,  who  shall  enter  the  objections  at 
large  on  their  journal,  and  proceed  to  reconsider  it.     If, 
after  such  reconsideration,  two  thirds  of  that  house  shall 
agree  to  pass  the  bill,  it  shall  be  sent,  together  with  the 
objections,  to  the  other  house,  by  which  it  shall  likewise 
be  reconsidered,  and  if  approved  by  two  thirds  of  that 
house,  it  shall  become  a  law.     But  in  all  such  cases,  the 
votes  of  both  houses,  shall  be  determined  by  yeas  and 
nays;  and  the  names  of  the  persons  voting  for  and  against 
the  bill,  shall  be  entered  on  the  journal  of  each  house  re- 
spectively.    If  any  bill  shall  not  be  returned,  by  the  pre- 
sident, within  ten  days  (Sundays  excepted)  after  it  shall 
have  been  presented  to  him,  the  same  shall  be  a  law, 
in  like  manner  as  if  he  had  signed  it,  unless  the  congress, 
by  their  adjournment,  prevent  its  return ;  in  which  case  it 
shall  not  be  a  law. 


Senators  and 
representa- 
tives to  be 
paid,  &c. 
Privileged 
from  arrest, 
&c. 


Concerning 
the  holding  of 
offices    by  se- 
nators and  re- 
presentatives. 


Revenue  bills 
to  originate  in 
the  house  of 
representa- 
tives, Sic. 

Powers  of  the 
president  and 
of  congress  in 
the  enacting 
of  laws,  and 
the  forms  of 
proceeding  on 
bills  in  that 
respect. 


CONSTITUTION  OF  THE  UNITED  STATES. 

3.  Every  order,  resolution,  or  vote,  to  which  the  con-  f°'nt  re«olu- 
currence  of  the  senate  and  house  of  representatives  may  fof"^"^? 
be  necessary  (except  on  a  question  of  adjournment)  shall  ment,  to  re- 
be  presented  to  the  president  of  the  United  States  ;  and  ceive  the  same 
before  the  same  shall  take  effect,  shall  be  approved  by 
him,  or  being  disapproved  by  him,  shall  be  re-passed  by 
tv.-o  thirds  of  the  senate  and  house  of  representatives,  ac- 
cording to  the  rules  and  limitations  prescribed  in  the  case 
ofa  bill. 

SECTION  8. 

The  congress  shall  have  power  — 

1  .  To  lay  and  collect  taxes,  duties,  imposts,  and  ex-  Con£ress  havt 
cises  ;  to  pay  the  debts,  and  provide  for  the  common  de-  f^^  &°  lajr 
fence  and  general  welfare  of  the  United  States  ;  but  all 
duties,  imposts,  and  excises  shall  be  uniform  throughout 
the  United  States  : 

2.  To   borrow  money  on  the  credit  of  the  United  To  borrow 
States  :  raoney- 

3.  To  regulate  commerce  with  foreign  nations,  and  To  regulate 
among  the  several  states,  and  with  the  Indian  tribes  : 

4.  To  establish  an  uniform  rule  of  naturalization,  and  To  establish 
uniform  laws  on  the  subject  of  bankruptcies,  throughout  Jura™Zat°onDa~ 
the  United  States  :  &c. 

5.  To  coin  money,  regulate  the  value  thereof,  and  of  To  coin  rao 
foreign  coin,  and  fix  the  standard  of  weights  and  meas-  ney,  &c. 

G.  To  provide  for  the  punishment  of  counterfeiting  punishing6 
the  securities  and  current  coin  of  the  United  States  :         counterfeiter!. 

7.  To  establish  post-offices  and  post-roads  :  To  establish 

8.  To  promote  the  progress  of  science  and  useful  arts,  P°9t-°ffices, 
by  securing,  for  limited  times,  to  authors  and  inventors, 

the  exclusive  right  to  their  respective  writings  and  dis- 
roveries  : 

9.  To  constitute  tribunals  inferior  to  the  supreme  To  constitute 
court  :  To  define  and  punish  piracies  and  felonies  com-  inferior  tribu- 
mitted  on  the  high  seas,  and  offences  against  the  law  of  nals'  &c> 
nations  : 

10.  To  declare  war,  grant  letters  of  marque  and  re-  To  declare 
prisal,  and  make  rules  concerning  captures  on  land  and  war- 
water  : 

1  1  .  To  raise  and  support  armies  ;  but  no  oppropria-  T?  raise  ar~ 
tion  of  money  to  that  use,  shall  be  for  a  longer  term  than 


To  provide  a 

12.  1  o  provide  and  maintain  a  navy  :  navy. 

13.  To  make  rules  for  the  government  and  regulation  To  make  rules 
of  the  land  and  naval  forces  :  £rm 

14.  To  provide  for  calling  forth  the  militia  to  execute  yy™ 


10 


CONSTITUTION  OF  THE  UNITED  STATES. 


To  provide  for 
calling  forth 
the  militia. 

To  provide  for 
organizing  the 
militia,  &c. 


To  exercise 
exclusive  ju- 
risdiction over 
a  territorial 
district  not 
exceeding  ten 
miles  square. 


To  make  all 
laws   necessa- 
sary  to  the  ex- 
ecution of 
their  powers. 


Importation  of 
certain  persons 
not  to  be  pro- 
hibited until 
after  1808. 


The  writ  of 
habeas  corpus 
recognized, 
&c. 

No  bills  of  at- 
tainder, or  ex 
post  facto 
laws. 

Direct  taxes 
according  to 
census. 
No  export 
duty,  nor 
preference  of 
one  state  to 
another,  in 
commerce. 


Money  to  be 
expended  by 
legal  appro- 
priation only. 


the  laws  of  the  union,  suppress  insurrections,  and  repel 
invasions  : 

1 5.  To  provide  for  organizing,  arming  and  disciplining 
the  militia,  and  for  governing,such  part  of  them  as  may 
be  employed  in  the  service  of  the  United  States,  reserv- 
ing to  the  states,  respectively,  the  appointment  of  the  offi- 
cers, and  the  authority  of  training  the  militia,  according  to 
the  discipline  prescribed  by  congress  : 

16.  To  exercise  exclusive  legislation,  in  all  cases  what- 
soever, over  such  district  (not  exceeding  ten  miles  square) 
as  may,  by  cession  of  particular  states,  and  the  accept- 
ance  of  congress,  become  the  seat  of  government   of 
the  United  States,  and  to  exercise  like  authority  over  all 
places  purchased  by  the  consent  of  the  legislature  of  the 
state  in  which  the  same  shall  be,  for  the  erection  of  forts, 
magazines,  arsenals,  dock  yards,  and  other  needful  build- 
ings : — And 

17.  To  make  all  laws  Avhich  shall  be  necessary  and 
proper,  for  carrying  into  execution  the  foregoing  pow- 
ers, and  all  other  powers  vested  by  this  constitution,  in 
the  government  of  the  United  States,  or  in  any  depart- 
ment or  officer  thereof. 

SECTION  9. 

1.  The  migration  or  importation  of  such  persons  as 
any  of  the  states,  now  existing,  shall  think  proper  to  ad- 
mit, shall  not  be  prohibited  by  the  congress,  prior  to  the 
year  one  thousand  eight  hundred  and  eight ;  but  a  tax  or 
duty  may  be  imposed  on  such  importation,  not  exceeding 
ten  dollars  for  each  person. 

2.  The  privilege  of  the  writ  of  habeas  corpus  shall  not 
be  suspended,  unless  when,  in  cases  of  rebellion  or  inva- 
sion, 

3. 


ii,  the  public  safety  may  require  it. 

5.  No  bill  of  attainder,  or  ex  post  facto  law,  shall  be 


4.  No  capitation,  or  other  direct  tax  shall  be  laid,  un- 
less in  proportion  to  the  census  or  enumeration  herein 
before  directed  to  be  taken. 

5.  No  tax  or  duty  shall  be  laid  on  articles  exported 
from  any  state.     No  preference  shall  be  given,  by  any 
regulation  of  commerce  or  revenue,  to  the  ports  of  one 
state  over  those  of  another  ;  nor  shall  vessels  bound  to 
or  from  one  state,  be  obliged  to  enter,  clear,  or  pay  du- 
ties in  another. 

6.  No  money  shall  be  drawn  from  the  treasury,  but 
in  consequence  of  appropriations  made  by  law  ;  and  a 
regular  statement  and  account  of  the  receipts  and  ex- 
penditures of  all  public  money,  shall  be  published  from 
time  to  time. 


CONSTITUTION  OF  THE  UNITED  STATES.  11 

7.  No  title  of  nobility  shall  be  granted  by  the  United  No  titles  of 
States ;  and  no  person  holding  any  office  of  profit  or  "^femdb  ^ 
trust  under  them,  shall,  without  the  consent  of  the  con-  the  United  y 
gress,  accept  of  any  present,  emolument,  office,  or  title  States;  nor 
of  any  kind  whatever,  from  any  king,  prince,  or  for-  ™°**\  °^ers 
eign  state.  sent^  be*' 

[See  amend- 
SECTION  10.  keflU,art.l3.] 

1 .  No  state  shall  enter  into  any  treaty,  alliance,  or  Powers  with- 
confederation  ;  grant  letters  of  marque  and  reprisal ;  coin  d""awn  from 
money  ;  emit  bills  of  credit ;  make  any  thing  but  gold  "1" 
and  silver  coin  a  tender  in  payment  of  debts  ;  pass  any 

bill  of  attainder,  ex  post  facto  law,  or  law  impairing  the 
obligation  of  contracts  ;  or  grant  any  title  of  nobility. 

2.  No  state  shall,  without  the  consent  of  the  congress,  Powers  which 
lay  any  imposts  or  duties  on  imports  or  exports,  except  *®^J^^an 
what  may  be  absolutely  necessary  for  executing  its  in-  under^the"1  * 
spection  laws  ;  and  the  net  produce  of  all  duties  and  im-  sanction  of 
ports  laid  by  any  state  on  imports  or  exports,  shall  be  for  congress. 
the  use  of  the  treasury  of  the  United  States ;  and  all 

such  laws  shall  be  subject  to  the  revision  and  control  of 
the  congress.  No  state  shall,  without  the  consent  of  con- 
gress, lay  any  duty  of  tonnage,  keep  troops  or  ships  of 
war,  in  time  of  peace,  enter  into  any  agreement  or  com- 
pact with  another  state,  or  with  a  foreign  power,  or  en- 
gage in  war,  unless  actually  invaded,  or  in  such  immi- 
nent danger  as  will  not  admit  of  delay* 

ARTICLE  2. 

SECTION  1. 

1 .  The  executive  power  shall  be  vested  in  a  presi-  Executive 
dent  of  the  United  States  of  America.     He  shall  hold  Power  vested 
his  office  during  the  term  of  four  years,  and,  together  with  £c!  F< 

the  vice-president,  chosen  for  the  same  term,  be  elected 
as  follows  : 

2.  Each  state  shall  appoint,  in  such  manner  as  the  le-  Electors  of 
gislature  thereof  may  direct,  a  number  of  electors,  equal  president  and 
to  the  whole  number  of  senators  and  representatives  to  ™e-president, 
which  the  state  may  be  entitled  in  the  congress  ;  but  no 

senator  or  representative,  or  person  holding  an  office  of 
trust  or  profit  under  the  United  States,  shall  be  appoint- 
ed an  elector. 

3.  [Annulled.     See  Amendments,  art.  12.] 

4.  The  congress  may  determine  the  time  of  choosing  Congress  may 
the  electors,  and  the  day  on  which  they  shall  give  their  ff^™1^! 
votes  ;  which  day  shall  be  the  same  throughout  the  Uni-  ing  electors  of 
ted  States,  president,  &c. 


12 


CONSTITUTION    OF    THE    UNITED    STATES. 


The  president 
to  be  natural 
born,  or  a  citi- 
zen in  1 788; 
aged  35;  and 
14  years  a  re- 
sident of  the 
United  States. 

In  case  of  va- 
cancy in  the 
office  of  presi- 
dent, the  vice- 
president  to 
act,  &c. 


Compensation 
of  the  presi- 
dent. 


The  president 
to  take  an 
oath. 

Form  of  the 
oath. 


His  powers. 


5.  No  person,  except  a  natural  born  citizen,  or  a  cit- 
izen of  the  United  States,  at  the  time  of  the  adoption  of 
this  constitution,  shall  be  eligible  to  the  office  of  presi- 
dent ;  neither  shall  any  person  be,eligible  to  that  office, 
who  shall  not  have  attained  to  the  age  of  thirty-five 
years,  and  been  fourteen  years  a  resident  within  the  Uni- 
ted States. 

6.  In  case  of  the  removal  of  the  president  from  office, 
or  of  his  death,  resignation,  or  inability  to  discharge  the 
powers  and  duties  of  the  said  office,  the  same  shall  de- 
volve on  the  vice-president ;  and  the  congress  may,  by 
law,  provide  for  the  case  of  removal,  death,  resignation, 
or  inability,  both  of  the  president  and  vice-president,  de- 
claring what  officer  shall  then  act  as  president,  and  such 
officer  shall  act  accordingly,  until  the  disability  be  re- 
moved, or  a  president  shall  be  elected. 

7.  The  president  shall,  at  stated  times,  receive,  for  his 
services,  a  compensation,  which  shall  neither  be  increas- 
ed nor  diminished  during  the  period  for  which  he  shall 
have  been  elected ;  and  he  shall  not  receive,  within  that 
period,  any  other  emolument  from  the  United  States,  or 
any  of  them. 

8.  Before  he  enter  on  the  execution  of  his  office,  he 
shall  take  the  following  oath  or  affirmation  : 

•9.  "  I  do  solemnly  swear  [or  affirm]  that  I  will  faith- 
fully execute  the  office  of  president  of  the  United  States, 
and  will,  to  the  best  of  my  ability,  preserve,  protect,  and 
defend  the  constitution  of  the  United  States." 

SECTION  2. 

1.  The   president  shall   be  commander  in  chief  of 
the  army  and  navy  of  the  United  States,  and  of  the 
militia  of  the  several  states,  when  called  into  the  actual 
service  of  the  United  States  ;  he  may  require  the  opin- 
ion in  writing,  of  the  principal  officer  in  each  of  the  ex- 
ecutive departments,  upon  any  subject  relating  to  the 
duties  of  their  respective  offices  ;  and  he  shall   have 
power  to  grant  reprieves  and  pardons  for  offences  against 
the  United  States,  except  in  cases  of  impeachment. 

2.  He  shall  have  power,  by  and  with  the  advice  and 
consent  of  the  senate,  to  make  treaties,  provided  two 
thirds  of  the  senators  present,  concur  ;  and  he  shall  no- 
minate, and  by  and  with  the  advice  and  consent  of  the 
senate,  shall  appoint,  ambassadors,  other  public  ministers, 
and  consuls,  judges  of  the  supreme  court,  and  all  other 
officers  of  the  United  States,  whose  appointments  are 
not  herein  otherwise  provided  for,  and  which  shall  be 
established  by  law.     But  the  congress  may,  by  law,  vest 
the  appointment  of  such  inferior  officers  as  they  think 


CONSTITUTION  OF  THE  UNITED  STATES. 

proper,  in  the  president  alone,  in  the  courts  of  law,  01 
in  the  heads  of  departments. 

3.  The  president  shall  have  power  to  fill  up  all  va- 
cancies that  may  happen  during  the  recess  of  the  senate, 
by  granting  commissions  which  shall  expire  at  the  end  of 
their  next  session. 

SECTION  3. 

1 .  He  shall,  from  time  to  time,  give  to  the  congress,  His  duties, 
information  of  the  state  of  the  union,  and  recommend  to 
their  consideration,  such  measures  as  he  shall  judge 
necessary  and  expedient;  he  may,  on  extraordinary 
occasions,  convene  both  houses,  or  either  of  them,  and 
in  case  of  disagreement  between  them,  with  respect  to 
the  time  of  adjournment,  he  may  adjourn  them  to  such 
time  as  he  shall  think  proper;  he  shall  receive  am- 
bassadors, and  other  public  ministers ;  he  shall  take 
care  that  the  laws  be  faithfully  executed;  and  shall  com- 
mission all  the  officers  of  the  United  States. 

SECTION  4. 

1 .  The  president,  vice-president,  and  all  civil  officers  rem8oveab'le  on 
of  the  United  States,  shall  be  removed  from  office  on  impeachment 
impeachment  for,  and  conviction  of,  treason,  bribery,  or  a.nd  convic- 
other  high  crimes  and  misdemeanors. 

ARTICLE  3. 

SECTION  1. 

1.  The  judicial  power  of  the  United  States  shall  be  Judicial  pow- 

vested  in  one  supreme  court,  and  in  such  inferior  courts  ersv«8tedin  a 
.  .'  .  ,    .  supremecourt, 

as  the  congress  may,  from  time  to  time,  ordain  and  es-  &£ 

tablish.     The  judges,  both  of  the  supreme  and  inferior 
courts,  shall  hold  their  offices  during  good  behavior,  and  holdStheir  of- 
shall,  at  stated  times,  receive,  for  their  services,  a  com-  fices  during 
pensation,  which  shall  not  be  diminished  during  their  good  behat  ior, 
continuance  in  office. 

SECTION  2. 

1.  The  judicial  power  shall  extend  to  all  cases  in  law  Extent  of  the 
and  equity,  arising  under  this  constitution,  the  laws  of  Judlcial  Pow- 
the  United  States,  and  treaties  made,  or  which  shall  be  er 
made,  under  their  authority;  to  all  cases  affecting  am- 
bassadors, other  public   ministers  and  consuls;  to   all 
cases  of  admiralty  and   maritime  jurisdiction ;  to  con- 
troversies to  which  the  United  States  shall  be  a  party ; 
to  controversies  between  two  or  more  states,  between  a 
state  and  citizens  of  another  state,  between  citizens  of 
different  states,  between  citizens  of  the  same  state  claim- 


14 


DECLARATION  OF  INDEPENDENCE. 


[*See 


amendments, 
art.  11.] 

Original  and 
appellate  ju- 


ing  lands  under  grants  of  different  states,  and  between 
a  state  or  the  c^tizens  thereof,  and  foreign  states,  citi- 
zens,  or  subjects.* 

2.  Iii  all  cases  affecting  ambassadors,  other  public 
ministers  and  consuls,  and  those  in  which  a  state  shall 
be  a  party,  the  supreme  court  shall  have  original  juris- 

dic*ion*  In  a11  the  other  cases  before  mentioned,  the  su- 
preme  court  shall  have  appellate  jurisdiction,  both  as  to 
law  and  fact,  with  such  exceptions,  and  under  such  re- 
gulations as  the  congress  shall  make. 

3*  The  trial  of  all  crimes,  except  in  cases  of  impeach- 
ment,  shall  be  by  jury  ;  and  such  trial  shall  be  held  in 
the  state  where  the  said  crimes  shall  have  been  commit- 
ted ;  but  when  not  committed  within  any  state,  the  trial 
shall  be  at  such  place  or  places  as  the  congress  may  by 
law  have  directed. 

SECTION  3. 

1.  Treason  against  the  United  States,  shall  consist 
oniy  jn  levying  war  against  them,  or  in  adhering  to  their 
enemies,  giving   them  aid  and   comfort.      No    person 
shiH  be  convicted  of  treason,  unless  on  the  testimony  of 
two  witnesses  to  the  same  overt  act,  or  on  confession  in 
open  court. 

2.  The  congress  shall  have  power  to  declare  the  pun- 
ishment  of  treason  ;  but  no  attainder  of  treason  shall 

tPreaion™&c.0f  work  corruption  of  blood,  or  forfeiture,  except  during 
the  life  of  the  person  attainted. 

ARTICLE  4. 


Trial  of 
crimes  to  be 
by  jury,  &c. 


Definition  of 
treason. 


Congress  to 
declare  the 


SECTION    1. 


Credit  to  b 


1  .  Full  faith  and  credit  shall  be  given,  in  each  state,  to 
^e  Public  acts'  records?  and  judicial  proceedings  of  every 
public  acts,  other  state.  And  the  congress  may,  by  general  laws, 
Sic.  of  anoth-  prescribe  the  manner  in  which  such  acts,  records,  and 
er,  £c.  proceedings,  shall  be  proved,  and  the  effect  thereof. 

SECTION    2. 

Reciprocity  i.  The  citizens  of  each  state  shall  be  entitled  to  all 
throUtlboSthlP  privileges  and  immunities  of  citizens  in  the  several  states. 
the  states.  2.  A  person  charged  in  any  state  with  treason,  felony, 

Criminals  fly-  or  other  crime,  who  shall  flee  from  justice,  and  be  found 
mg  from  one  jn  anotner  state,  shall,  on  demand  of  the  executive  au- 
ther^to  be°de-  thority  of  the  state  from  which  he  fled,  be  delivered  up, 
livered,  up  on  to  be  removed  to  the  state  having  jurisdiction  of  the 
demand.  crime. 

3.  No  person  held  to  service  or  labor  in  one  state,  un- 
Aer  the  laws  thereof,  escaping  into  anotker,  shall,  in  con- 


CONSTITUTION  OF  THE  UNITED  STATES.  15 

sequence  ofanyJaw  or  regulation  therein,  be  discharged  Runaway 
from  such  service  or  labor ;  but  shall  be  delivered  up,  on  be^l'ivereil*0 
claim  of  the  party  to  whom  such  service  or  labor  may  up. 
be  due. 

SECTION  3. 

1 .  New  states  may  be  admitted  by  the  congress  into  New  states 
this  union  ;  but  no  new  state  shall  be  formed  or  erected  may  be  ad- 
within  the  jurisdiction  of  any  other  state,  nor  any  state 

be  formed  by  the  junction  of  two  or  more  states,  or  parts 
of  states,  without  the  consent  of  the  legislatures  of  the 
states  concerned,  as  well  as  of  the  congress. 

2.  The  congress  shall  have  power  to  dispose  of,  and  Congress  to 
make  all  needful  rules  and  regulations  respecting  the  have  P°wer 
territory   or  other  property  belonging  to   the  United  &c!' ciSmJoi' 
States;  and  nothing  in  this  constitution  shall  be  so  con-  the  states,  £c. 
strued  as  to  prejudice  any  claims  of  the  United  States,  or  ?°* to  be  Prp- 
of  any  particular  state. 

SECTION    4. 

1.  The  United  States  shall  guaranty  to  every  state  in  Republican 
this  union  a  republican  form  of  government,  and  shall  form  of  go- 
protect  each  of  them  against  invasion  ;  and,  on  applica-  Iua°™neteed  u 
tion  of  the  legislature,  or  of  the  executive,  (when  the  each  state,  &c 
legislature  cannot  be  convened,)  against  domestic  vio- 
lence. 

ARTICLE  5. 

1.  The  congress,  whenever  two-thirds  of  both  houses  Mode  of  a- 
shall  deem  it  necessary,  shall  propose  amendments  to 
this  constitution ;  or,  on  the  application,  of  the  legislatures 
of  two-thirds  of  the  several  states,  shall  call  a  convention 
for  proposing  amendments,  which,  in  either  case,  shall 
be  valid,  to  all  intents  and  purposes,  as  part  of  this  con- 
stitution, when  ratified  by  the  legislatures  of  three-fourths 
of  the  several  states,  or  by  conventions  in  three-fourths 
thereof,  as  the  one  or  the  other  mode  of  ratification  may 
be  proposed  by  the  congress;  provided,  that  no  amend- 
ment, which  maybe  made  prior  to  the  year  one  thousand 
eight  hundred  and  eight,  shall,  in  any  manner,  affect  the 
first  and  fourth  clauses  in  the  ninth  section  of  the  first  ar-  [*  See  ante, 
tide :  and  that  no  state,  without  its  consent,  shall  be  de- 
prived  of  its  equal  suffrage  in  the  senate.* 

ARTICLE  6. 

1.  All   debts  contracted  and   engagements   entered 
into,  before  the  adoption  of  this  constitutioa,  shall  be  as  under  the 

confederation 


CONSTITUTION  OF  THE  UNITED  STATES. 


This  constitu- 
tion, acts  of 
congress,  and 
treaties,  the 
supreme  law, 
&c.  The  state 
judges  bound 
thereby. 

Senators,  re- 
presentatives, 
&c.  bound  by 
oath,  or  affir- 
mation.to  sup- 
port this  con- 
stitution. 

No  religious 
test 


sufficient,  &c. 


valid  against  the  United  States  under  this  constitution,  as 
under  the  confederation. 

2.  This  constitution,  and  the  laws  of  the  United  States 
which  shall  be  made  in  pursuance  thereof,  and  all  trea- 
ties made,  or  which  shall  be  made,  under  the  authority 
of  the  United  States,  shall  be  the  supreme  law  of  the 
land;  and  the  judges  in  every  state  shall  be  bound  there- 
by ;  any  thing  in  the  constitution,  or  laws  of  any  state. 
to  the  contrary  notwithstanding. 

3.  The  senators  and  representatives  before  mention- 
ed, and  the  members  of  the  several  state  legislatures, 
and  all  executive  and  judicial  officers,  both  of  the  Unit- 
ed States  and  of  the  several  states,  shall  be  bound  by 
oath,  or  affirmation,  to  support  this  constitution  :  but  no 
religious  test  shall  ever  be  required  as  a  qualification  to 
any  office,  or  public  trust,  under  the  United  States. 

ARTICLE  7. 

lm  The  ratification  of  the  conventions  of  nine  states 
snaU  be  sufficient  for  the  establishment  of  this  constitu- 
tion between  the  states  so  ratifying  the  same. 

Done  in  convention,  by  the  unanimous  consent  of  the 
states  present,  the  seventeenth  day  of  September. 
in  the  year  of  our  Lord  one  thousand  seven  hundred 
and  eighty  seven,  and  of  the  independence  of  the 
United  States  of  America,  the  twelfth.  In  wit- 
ness whereof,  we  have  hereunto  subscribed  our 
names. 

GEORGE  WASHINGTON, 
President,  and  deputy  from  Virginia. 


NEW  HAMPSHIRE. 

John  Langdon, 
Nicholas  Gilman. 

MASSACHUSETTS. 

Nathaniel  Gorham, 
Rufus  King. 

CONNECTICUT. 

William  Sam'lJohnson, 
Roger  Sherman. 

NEW-YORK. 

Alexander  Hamilton. 

NEW-JERSEY. 

William  Livingston, 
David  Brearly, 
William  Patterson, 
Jonathan  Dayton. 

PENNSYLVANIA. 

Benjamin  Franklin. 


Thomas  Mimin, 
Robert  Morris, 
George  Clymer, 
Thomas  Fitzsimons. 
Jared  Ingersoll, 
James  Wilson, 
Governeur  Morris. 

DELAWARE. 

George  Read, 
Cunning  Bedford,  jini. 
John  Dickinson, 
Richard  Bassett 
Jacob  Broom. 

MARYLAND. 

James  M'Henry, 
Daniel  of  St.  Tho.  Jenifer. 
Daniel  Carroll. 


AMENDMENTS  TO  THE   CONSTITUTION.  17 

VIRGINIA.  SOUTH    CAROLINA. 

John  Blair,  John  Rutledge, 

James  Madison,  jun.  Charles  Cotesworth  Pinckney. 

NORTH  CAROLINA.  Charles  Pinckney, 

William  Blount,  Pierce  Butler. 

Richard  Dobbs  Spaight,  GEORGIA. 

Hugh  Williamson.  William  Few, 

Abraham  Baldwin. 
Attest.  WILLIAM  JACKSON,  Secretary. 


AMENDMENTS  TO  THE  CONSTITUTION. 

ARTICLE  1. 

Congress  shall  make  no  law  respecting  an  establish-  Congress  pro- 

ment  of  religion,  or  prohibiting  the  free  exercise  there-  hibited  from 

of ;  or  abridging  the  freedom  of  speech,  or  of  the  press  ;  interfering 

or  the  right  of  the  people  peaceably  to  assemble,  and  to  ^j-tn   freedom 

petition  the  government  for  a  redress  of  grievances.  of  speech,  of 

ARTICLE  2.  ^ipr1 

A  well  regulated  militia  being  necessary  to  the  securi-  Right  of  the 
ty  of  a  free  state,  the  right  of  the  people  to  keep  and  people  to  keep 
bear  arms  shall  not  be  infringed.  arms^c 

ARTICLE  3. 


No  soldier  shall,  in  time  of  peace,  be  quartered  in  any  £ 
house,  without  the  consent  of  the  owner  ;  nor  in  time  of  ^  ^ny  ""house, 
war,  but  in  a  manner  to  be  prescribed  by  law.  during  peace, 

ARTICLE  4.  s^Tc™11 

The  right  of  the  people  to  be  secure  in  their  persons,  NO  search- 
houses,  papers,  and  effects,  against  unreasonable  search-  warrant  to  is- 
es  and  seizures,  shall  not  be  violated  ;  and  no  warrants  sue>  exceP*  °n 
shall  issue,  but  upon  probable  cause,  supported  by  oath  ^use  o*atb 
or  affirmation,  and  particularly  describing  the  place  to  &c. 
be  searched,  and  the  persons  or  things  to  be  seized. 

ARTICLE  5. 

No  person  shall  be  held  to  answer  for  a  capital,  or  No  person  t0 
otherwise  infamous  crime,  unless  on  a  presentment  or  be  held  to  an- 
indictment  of  a  grand  jury,  except  in  cases  arising  in  the  swer  for  a 
land  or  naval  forces,  or  in  the  militia,  when  in  actual  on'present.689 
service,  in  time  of  war  or  public  danger ;  nor  shall  any  meat,  &c.  ex- 
person  be  subject,  for  the  same  offence,  to  be  twice  put  in  cept in  tne 
jeopardy  of  life  or  limb  ;  nor  shall  be  compelled,  in  any  forcW'nofto 
criminal  case,  to  be  a  witness  against  himself,  nor  be  de-  answe'r  for  ftp 
^ 


18 


AMENDMENTS  TO  THE  CONSTITUTION. 


same  offence    prived  of  life,  liberty,  or  property,  without  due  process 
twice,  &c.        of  law;  nor  shall  private  property  be  taken  for  public 
use,  without  just  compensation. 

ARTICLE  6. 

Assurance  of         ]n  au  criminal  prosecutions,  the  accused  shall  enjoy 

public7'  rial  by  *ne  right  to  a  speedy  and  public  trial,  by  an  impartial 

jury,  £c.  in      jury  of  the  state  and  district  wherein  the  crime  shall 

criminal  pro-    have  been  committed,  which  district   shall  have  been 

secutions.         previously  ascertained  by  law,  and  to  be  informed  of  the 

nature  and  cause  of  the  accusation  ;  to  be  confronted 

with   the   witnesses  against  him  ;  to  have  compulsory 

process  for  obtaining  witnesses  in  his  favor;  and  to  have 

the  assistance  of  counsel  for  his  defence. 

ARTICLE  7. 

Right  of  trial  In  suits  at  common  law,  where  the  value  in  contro- 
af  coZmon11^  vers^  sha11  exceed  twenty  dollars,  the  right  of  trial  by 
law,  above  the  JurJ  s^ia"  ^e  preserved  ;  and  no  fact  tried  by  a  jury  shall 
value  of  20  be  otherwise  re-examined  in  any  court  of  the  United 
dollars,  &c.  States,  than  according  to  the  rules  of  the  common  law. 

ARTICLE  8. 

SdTn^Ttand  Excessive  bail  shall  not  be  required,  nor  excessive 
cruel  punish-  fines  imposed,  nor  cruel  and  unusual  punishments  in- 
ments,  prohi-  flicted. 

ARTICLE  9. 

Rights  enu-  The  enumeration  in  the  constitution  of  certain  rights. 

merated,  not    shall  not  be  construed  to  deny  or  disparage  others  retain- 


ARTICLE  10. 


Powers  not 


The  powers  not  delegated  to  the  United  States  by  the 
constitution,  nor  prohibited  by  it  to  the  states,  are  re- 
to  the  states     served  to  the  states  respectively,  or  to  the  people. 


°rpeople- 


ARTICLE  11. 


Restriction  of  ^he  judicial  power  of  the  United  States  shall  not  be 
•n.'lseeantej  construed  to  extend  to  any  suit  in  law  or  equity,  corn- 
art.  3,  sec.  2,  '  menced  or  prosecuted  against  one  of  the  United  States. 
clause  1.)  by  citizens  of  another  state,  or  by  citizens  or  subjects  of 
any  foreign  state. 

ARTICLE  12. 

Actual  node 

of  electing  the  1.  The  electors  shall  meet  in  their  respective  states, 
president  and  ana  vote  by  ballot  for  president  and  vice-president,  one 
ofC'herUnited  °f  wnom?  at  least,  shall  not  be  an  inhabitant  of  the  same 
States.  state  with  themselves  ;  they  shall  name  in  their  ballot? 


AMENDMENTS  TO  THE  CONSTITUTION.  J4) 

the  person  voted  for  as  president,  and  in  distinct  ballots 
the  person  voted  for  as  vice-president  ;  and  they  shall 
make  distinct  lists  of  all  persons  voted  for  as  presi- 
dent, and  of  all  persons  voted  for  as  vice-president,  and 
of  the  number  of  votes  for  each,  which  lists  they  shall 
sign  and  certify,  and  transmit  sealed  to  the  seat  of  the 
government  of  the  United  States,  directed  to  the  presi- 
dent of  the  senate;  the  president  of  the  senate  shall,  in  the 
presence  of  the  senate  and  house  of  representatives,  open 
all  the  certificates,  and  the  votes  shall  then  be  counted  : 
the  person  having  the  greatest  number  of  votes  for  pres- 
ident shall  be  the  president,  if  such  number  be  a  major- 
ity of  the  whole  number  of  electors  appointed  ;  and  if  no 
person  have  such  majority,  then  from  the  persons  hav- 
ing the  highest  numbers,  not  exceeding  three,  on  the  list 
of  those  voted  for  as  president,  the  house  of  representa- 
tives shall  choose  immediately,  by  ballot,  the  president. 
But  in  choosing  the  president,  the  votes  shall  be  taken 
by  states,  the  representation  from  each  state  having  one 
vote  :  a  quorum  for  this  purpose  shall  consist  of  a  mem- 
ber or  members  from  two  thirds  of  the  states,  and  a 
majority  of  all  the  states,  shall  be  necessary  to  a  choice. 
And  if  the  house  of  representatives  shall  not  choose  a 
president,  whenever  the  right  of  choice  shall  devolve  up- 
on them,  before  the  fourth  day  of  March  next  following, 
then  the  vice-president  shall  act  as  president,  as  in  the 
case  of  the  death,  or  other  constitutional  disability,  of  the 
president. 

2.  The  person  having  the  greatest  number  of  votes  as 
vice-president,  shall  be  the  vice-president,  if  such  num- 
ber be  a  majority  of  the  whole  number  of  electors  ap- 
pointed ;  and  if  no  person  have  a  majority,  then  from  the 
two  highest  numbers  on  the  list,  the  senate  shall  choose 
the  vice-president  :  a  quorum  for  the  purpose  shall  con- 
sist of.two-thirds  of  the  whole  number  of  senators,  and  a 
majority  of  the  whole  number  shall  be  necessary  to  a 
choice. 

3.  But  no  person  constitutionally  ineligible  to  the  of- 
fice of  president,  shall  be  eligible  to  that  of  vice-presi- 
dent of  the  United  States. 

ARTICLE  13. 

If  any  citizen  of  the  United  States  shall  accept,  claim,  Citizen*hip 
receive,  or  retain  any  title  of  nobility  or  honor,  or  shall,  forfeited  by 


without  the  consent  of  congress,  accept  and  retain  any 

present,  pension,  office,  or  emolument  of  any  kind  what-  foreign  power, 

ever,  from  any  emperor,  king,  prince,  or  foreign  power,  of  any  title  of 

such  person  shall  cease  to   be  a  citizen  of  the  United  nobility*  oftice 

States,  and  shall  be  incapable  of  holding  any  office  of  °[- 

trust  or  profit  under  them,  or  either  of  them.  &c. 


CONSTITUTION  OF  CONNECTICUT. 

PREAMBLE. 

THE  people  of  Connecticut,  acknowledging,  with 
gratitude,  the  good  providence  of  God.  in  having  per- 
mitted them  to  enjoy  a  free  government,  do,  in  order 
more  effectually  to  define,  secure,  and  perpetuate  the 
liberties,  rights  and  privileges,  which  they  have  derived 
from  their  ancestors,  hereby,  after  a  careful  considera- 
tion and  revision,  ordain  and  establish  the  following 
Constitution,  and  form  of  civil  government. 

ARTICLE  1. 

DECLARATION    OF    RIGHTS. 

That  the  great  and  essential  principles  of  liberty  and 
free  government  may  be  recognized  and  established, 

WE  DECLARE, 

Equality  of  SECT.   1.  That  all  men,  when  they  forma  social  corn- 

rights,  pact,  are  equal  in  rights;  and  that  no  man,  or  set  of  men, 

are  entitled  to  exclusive  public  emoluments,  or  privile- 
ges, from  the  community. 

Source  of  po-  SECT.  2.  That  all  political  power  is  inherent  in  the 
litical  power,  people,  and  all  free  governments  are  founded  on  their 
authority,  and  instituted  for  their  benefit ;  and  that  they 
RlghtJ°  alter  have,  at  all  times,  an  undeniable  and  indefeasible  right 
ernmentf°T~  *°  a^er  their  form  of  government,  in  such  a  manner  as 

they  may  think  expedient. 

Religious  pro-  SECT.  3.  The  exercise  and  enjoyment  of  religious 
fession  and  profession  and  worship,  without  discrimination,  shall 
worship.  forever  be  free  to  all  persons  in  this  state;  provided,  that 

Limitation.      the  right  hereby  declared  and  established,  shall  not  be  so 
construed  as  to  excuse  acts  of  licentiousness,  or  to  justify 
to°berefveanbe  Pratices  inconsistent  with  the  peace  and  safety  of  the 
law  to  any    *   state- 
Christian  sect.       SECT.  4.  No  preference  shall  be  given  by  law  to  any 

f  etk  ^rite7  christain  Sect  °r  mode  °f  w°rship. 

an/pubiish  *         SECT.  5.  Every  citizen  may  freely  speak,  write  and 

sentiments.  publish  his  sentiments  on  all  subjects,  being  responsible 

Liberty  of  for  the  abuse  of  that  liberty. 

thTpresT  not  SEC.T'    G'    N°   kw   sha11  ever    be   Passed  to    Curtail   °r 

to  be  restrain-  restrain  the  liberty  of  speech  or  of  the  press. 
£•?•  SECT.  7.  In  all  prosecutions  or  indictments  for  libels, 

idence  the  truth  may  be  given  in  evidence  ;  and  the  jury  shall 

Right  of  the  have  the  right  to  determine  the  law  and  the  facts,  under 

jury.  the  direction  of  the  court. 


CONSTITUTION  OF  CONNECTICUT.  21 

SECT.  8.  The  people  shall  be  secure  in  their  persons,  Security  from 
houses,  papers  and  possessions  from  unreasonable  search-  8earches  and 
es  or  seizures ;  and  no  warrant  to  search  any  place,  or  Restriction  as 
to  seize  any  person  or  things,  shall  issue,  without  describ-  to  search  war- 
ing them  as  nearly  as  may  be,  nor  without  probable  rants- 
cause,  supported  by  oath  or  affirmation. 

SECT.  9.  In  all  criminal   prosecutions,  the   accused  Rights  of  the 
shall  have  a  right  to  be  heard  by  himself,  and  by  counsel ;  accused  in 
to  demand  the  nature  and  cause  of  the   accusation;  to  cnminal  Pr°- 
be  confronted  by  the  witnesses  against  him ;  to  have 
compulsory  process  to  obtain  witnesses  in  his  favor;  and 
in  all  prosecutions  by  indictment  or  information,  a  speedy 
public  trial  by  an  impartial  jury.     He  shall  not  be  com- 
pelled to  give  evidence  against  himself,  nor  be  deprived 
of  life,  liberty  or  property,  but  by  due  course  of  law. 
And  no  person  shall  be  holden  to  answer  for  any  crime, 
the  punishment  of  which  may  be  death  or  imprisonment  Presentment 
forlife,unlessonapresentmentoran  indictment  of  agrand  of  a&rand  Ju- 
jury  ;  except  in  the  land  or  naval  forces,  or  in  the  miltia,  cessa™."  "' 
when  in  actual  service,  in  time  of  war,  or  public  danger. 

SECT.   10.  No  person  shall  be  arrested,  detained  or  Security  from 
punished,  except  in  cases  clearly  warranted  by  law.  arrest,  &c. 

SECT.   11.  The  property  of  no  person  shall  be  taken  Right  of  pri- 
for  public  use,  Avithout  just  compensation  therefor.  vate  property. 

SECT.  12.  All  courts  shall  be  open,  and  every  person,  Right  of  re- 
for  an  injury  done  him  in  his  person,  property  or  repu-  dress  for 
tation,  shall  have  remedy  by  due  course  of  law,  and  inJunes- 
righta  nd  justice  administered,  without  sale,  denial  or  de- 
lay. 

SECT.   13.  Excessive  bail  shall  not  be  required,  nor  Excessive  bail 
excessive  fines  imposed. 

SECT.   14.  All  prisoners   shall,  before  conviction,  be 
bailable,  by  sufficient  sureties,  except  for  capital  offences, 
where  the  proof  is  evident,  or  the  presumption  great ;  bailable. 
and  the  privileges  of  the  writ  of  habeas  corpus  shall  not  Writ  of  1)a_ 
be  suspended,  unless  when  in  case  of  rebellion  or  invasion,  beas  corpus, 
the  public  safety  may  require  it ;  nor  in  any  case,  but  by 
the  legislature. 

SECT.   15.  No  person  shall  be  attainted  of  treason  or  NO  attainder 
felony,  by  the  legislature.  of  treason  or 

SECT.   16.  The  citizens  have  a  right,  in  a  peaceable  ^'°?y'  , 
manner,  to  assemble  for  their  common  good,  and  to  ap-  citfzeng  to  * 
ply  to  those  invested  with  the  powers  of  government,  assemble ;  and 
for  redress  of  grievances,  or  other  proper  purposes,  by  to  Petition  for 
petition,  address  or  remonstrance.  grievances^ 

SECT.   17.  Every  citizen  has  a  right  to  bear  arms  in  Right  to  bear 
defence  of  himself  and  the  state.  arms- 

SECT.   18.  The  military  shall,  in  all  cases,  and  at  all  ^f  the'Sl011 
times,  be  in  strict  subordination  to  the  civil  power.  ,t0  the  civil 

power. 


22 


CONSTITUTION    OP    CONNECTICUT. 


Quartering  of       SECT.   19.  No  soldier  shall,  in  time  of  peace,  be  quar- 
?oldiers.  tered  in  any  house,  without  the  consent  of  the  owner ; 

nor  in  time  of  war,  but  in  a  manner  to  be  prescribed  by 
law. 

No  hereditary       SECT.  20.  No  hereditary  emoluments,  privileges  or 
umen  s.      nonorSj  sha]}  ever  foe  granted,  or  conferred,  in  this  state. 
T-  lb    •  SECT-  21<    The  right  of  trial   by  jury  shall  remain 

yjur7'  inviolate. 


ARTICLE  2. 

UF    THE    DISTRIBUTION    OF    POWERS. 

Distribution          The  powers  of  government  shall  be  divided  into  three 
of  powers.        distinct  departments,   and  each  of  them  confided  to  a 
separate  magistracy — to  wit — those  which  are   legisla- 
tive, to  one;  those  which  are    executive,   to  another; 
and  those  which  are  judicial,  to  another. 

ARTICLE  3. 


Legislative 
powers  vested 
in  two  houses. 


General  as- 
sembly. 


Stated  annual 
session. 


Special  ses- 
sion. 


A  different 
place  of  meet- 
ing, when,  and 
how,  to  be 
designated. 

House  of  Re- 
presentatives. 
Number  of 
representa- 
tives. 

Restriction  as 
••  o  new  towns. 


OF  THE  LEGISLATIVE  DEPARTMENT. 

SECT.  1.  The  legislative  power  of  this  state  shall  be 
vested  in  two  distinct  houses  or  branches ;  the  one  to  be 
styled  THE  SENATE,  the  other  THE  HOUSE  OF  REPRE- 
SENTATIVES, and  both  together  THE  GENERAL  AS- 
SEMBLY. The  style  of  their  laws  shall  be.  Be  it 
enacted  by  the  Senate  and  House  of  Representatives,  in 
General  Assembly  convened. 

SECT.  2.  There  shall  be  one  stated  session  of  the  gen- 
eral assembly,  to  be  holden  in  each  year,  alternately 
at  Hartford  and  New-Haven,  on  the  first  Wednesday  of 
May,  and  at  such  other  times  as  the  general  assembly 
shall  judge  necessary  ;  the  first  session  to  be  holden  at 
Hartford :  but  the  person  administering  the  office  of 
governor,  may,  on  special  emergencies,  convene  the 
general  assembly  at  either  of  said  places,  at  any  other 
time.  And  in  case  of  danger  from  the  prevalence  of 
contagious  diseases,  in  either  of  said  places,  or  other 
circumstances,  the  person  administering  the  office  of 
governor  may,  by  proclamation,  convene  said  assembly 
at  any  other  place  in  this  state. 

SECT.  3.  The  house  of  representatives  shall  consist 
of  electors  residing  in  towns  from  which  they  are  elect- 
ed. The  number  of  representatives  from  each  town 
shall  be  the  same  as  at  present  practised  and  allowed. 
In  case  a  new  town  shall  hereafter  be  incorporated, 
such  new  town  shall  be  entitled  to  one  representative 


CONSTITUTION    OF    CONNECTICUT.  23 

only  ;  and  if  such  new  town  shall  be  made  from  one  or  Right  of  the 
more  towns,  the  town  or   towns  from  which  the   same  towns  from 
shall  be  made,  shall  be  entitled  to  the  same  number  of  JJJJ^JJJ^ 
representatives  as  at  present  allowed,  unless  the  num- 
ber shall  be  reduced  by  the  consent  of  such  town  or 
towns. 

SECT.  4.  The  senate  shall   consist  of  twelve  mem-  Senate, 
bers,  to  be  chosen  annually  by  the  electors. 

SECT.  5.  At  the  meetings   of  electors,   held  in  the  Election  of 
several  towns  in  this  state,  in  April  annually,  after  the  * 
election  of  representatives,    the  electors  present  shall 
be  called  upon  to  bring  in  their  written  ballots  for  sena- 
tors.    The  presiding  officer  shall  receive  the  votes  of 
the  electors,  and  count  and  declare  them  in  open  meet- 
ing.    The  presiding  officer  shall  also   make  duplicate  Duplicate 
lists  of  the  persons  voted  for,  and  of  the  number  of  votes 
for  each,  which  shall  be  certified  by  the  presiding  of- 
ficer ;  one  of  which  lists  shall  be  delivered  to  the  town 
clerk,  and  the  other,  within  ten  days  after  said  meeting,  VQeteusrn  ° 
shall  be  delivered,  under  seal,  either  to   the  secretary, 
or  to  the  sheriff  of   the  county  in  which  said  town  is 
situated  ;  which  list  shall  be  directed  to  the  secretary, 
with  a  superscription  expressing  the  purport  of  the  con- 
tents thereof.     And  each  sherifF,  who  shall  receive  such 
votes,  shall,  within  fifteen  days  after  said  meeting,  de- 
liver them,  or  cause  them  to  be  delivered,  to  the  secretary. 

SECT.  6.  The  treasurer,  secretary,   arid   controller,  Canvass  of 
for  the  time  being,  shall  canvass  the  votes  publicly.     The  votes. 
twelve  persons  having  the  greatest  number  of  votes  for  Declaration, 
senators,  shall  be  declared  to  be  elected.     But  in  cases  Equality  of 
where  no  choice  is  made  by  the  electors,  in  consequence  votes. 
of  an  equality  of  votes,  the  house  of  representatives 
shall  designate,  by  ballot,  which  of  the  candidates  having 
such  equal  number  of  votes,  shall  be  declared  to  be 
elected.     The  return  of  votes,  and  the  result  of  the  can-  Return  of 
vass,  shall  be  submitted  to  the  house  of  representatives,  votes,  and  re- 
and  also  to  the  senate,  on  the  first  day  of  the  session  of  su!t *°  be  !*ub" 
the    general  assembly  ;    and  each  house  shall  be  the  "ousel 
final  judge  of  the  election  returns  and  qualifications  of  its 
own  members. 

SECT.  7.    The   house  of  representatives,  when   as-  officers 
sembled,  shall  choose    a  speaker,  clerk,  and  other  offi- 
cers.     The   senate  shall  choose  its  clerk,  and    other 
officers,    except  the    president.      A   majority  of  each 
house  shall  constitute  a  quorum  to  do  business  ;  but  a  Quorum, 
smaller  number  may  adjourn  from  day  to  day,  and  com- 
pel the  attendance  of  absent  members,  in  such  manner,  smaller  num- 
and  under  such  penalties,  as  each  house  may  prescribe,  ber. 


24  CONSTITUTION    OF    CONNECTICUT. 

Powers  of  SECT.  8.  Each  house  shall  determine  the  rules  of  its 

each  house.  own  proceedings,  punish  members  for  disorderly  con- 
duct, and,  with  the  consent  of  two  thirds,  expel  a  mem- 

Puhion  °lfjmU-  ber'  but  not  a  second  time  for  the  same  cause  ;  and  shall 
ed.  1  '  have  all  other  powers  necessary  for  a  branch  of  the 

legislature  of  a  free  and  independent  state. 

Journal.  SECT.  9.  Each  house  shall  keep  a  journal  of  its  pro- 

ceedings, and  publish  the  same,  when  required  by  one 
fifth  of  its  members,  except  such  parts  as,  in  the  judgment 
Yeas  and          of  a  majority,  require  secrecy.     The  yeas  and  nays  of 
navs-  the  members  of  either  house  shall,  at  the  desire  of  one 

fifth  of  those  present,  be  entered  on  the  journals. 
Privilege  from       SECT.   10.  The  senators  and  representatives  shall,  in 
arrest.  all  cases  of  civil  process,   be  privileged  from   arrest, 

during  the  session  of  the  general  assembly,  and  for  four 
Privile  e  as  to  ^a^s  Before  *ne  commencement,  and  after  the  termina- 
speech  or  de-  tion,  of  any  session  thereof.  And  for  any  speech  or  de- 
bate, bate  in  either  house,  they  shall  not  be  questioned  in  any 

other  place. 
Debates,  to  be       SECT.   11.  The  debates  of  each  house  shall  be  pub- 

pubh.c.     Ex~    lie,  except  on  such  occasions  as.  in  the  opinion  of  the 
ception.  , 

house,  may  require  secrecy. 

ARTICLE   4. 

OF    THE    EXECUTIVE    DEPARTMENT. 

Governor.  SECT.  1.  The  supreme  executive  power  of  the  state 

shall  be  vested  in  a  governor,  who  shall  be  chosen  by 
the  electors  of  the  state,  and  shall  hold  his  office  for  one 

Term  of  office,  year  from  the  first  Wednesday  of  May  next  succeeding 
his  election,  and  until  his  successor  be  duly  qualified. 

Qualifications.  No  person  who  is  not  an  elector  of  this  state,  and  who 
has  not  arrived  at  the  age  of  thirty  years,  shall  be 
eligible. 

SECT.  2.  At  the  meetings  of  the  electors  in  the  respec- 
tive towrns,  in  the  month  of  April  in  each  year,  imme- 
diately after  the  election  of  senators,  the  presiding 
officers  shall  call  upon  the  electors  to  bring  in  their  bal- 

Election  of      ^°^s  ^or  k*m  w^om  *nev  would  elect  to  be  governor,  with 

governor.  ms  name  fairly  written.  When  such  ballots  shall  have 
been  received  and  counted,  in  the  presence  of  the  elec- 

Duplicate  tors,  duplicate  lists  of  the  persons  voted  for,  and  of  the 
number  of  votes  given  for  each,  shall  be  made  and  certifi- 
ed, by  the  presiding  officer  ;  one  of  which  lists  shall  be 

™kT  °  deposited  in  the  office    of  the  town  clerk,  within  three 

days,  and  the  other,  within  ten  days,  after  said  election, 
shall  be  transmitted  to  the  secretary,  or  to  the  sheriff 
of  the  county,  in  which  such  election  shall  have  been 
held.  The  sheriff  receiving  said  votes  shall  deliver,  or 


CONSTITUTION    OP    CONNECTICUT.  25 

cause  them  to  be  delivered  to  the  secretary,  within  fif- 
teen days  next  after  said  election.     The  votes  so  return- 
ed shall  be  counted,  by  the  treasurer,  secretary   and  £anvags  Of 
comptroller,  within  the  month  of  April.     A  fair  list  of  rotes. 
the  persons,  and  number  of  votes  given  for  each,  togeth- 
er with  the  returns  of  the  presiding  officers,  shall  be,  by 
the  treasurer,  secretary  and  comptroller,  made  and  laid 
before  the  general  assembly,  then  next  to  be   holden, 
on  the  first  day  of  the  session  thereof;  and  said  assem- 

%  shall,  after  examination  of  the  same,  declare  the  ^    , 
.    .,     ,         ,       .        it        i  i   Declaration, 

person  whom  they  shall  hnd  to  be  legally  chosen,  and 

give  him  notice  accordingly.     If  no  person  shall  have  a 
majority  of  the  whole  number  of  said  votes,  or  if  two,  or 

more  shall  have  an  equal  and  the  greatest  number  of  _.   . 

.  ,  "  j      ,          -  Choice  by 

said  votes,   then  said  assembly,  on  the  second    day  of  genera]  as- 

their  session,  by  joint  ballot  of  both  houses,  shall  pro-  sembly,  in 
ceed,  without  debate,  to  choose  a  governor  from  a  list  what  case, 
of  the  names   of  the  two   persons  having  the  greatest  be  made! 
number  of  votes,  or  of  the    names  of  the  persons  hav- 
ing an  equal  and  highest  number  of  votes,  so  returned  as 
aforesaid.     The  general  assembly   shall,  by  law,  pre- 
scribe the  manner  in  which  all  questions  concerning  the 
election  of  a  governor,  or  lieutenant-governor,  shall  be 
determined. 

SECT.  3.  At  the  annual  meetings  of  the  electors,  im- 
mediately after   the  election  of  governor,   there  shall 
also  be  chosen,  in  the  same  manner  as  is  herein  before 
provided  for  the   election   of  governor,    a  lieutenant-   Lieutenant- 
governor,  who  shall   continue  in  office   for  the  same  governor, 
time,  and  possess  the  same  qualifications. 

SECT.  4.  The  compensations  of  the  governor,   lieu-   Compensation 
tenant-governor,    senators,    and   representatives,    shall  to  governor, 
be  established  by  law,  and  shall  not  be  varied  so  as  to  •fee- 
take  effect  until  after  an  election,  which  shall  next  suc- 
ceed the  passage  of  the   law  establishing  said  compen- 
sations. 

SECT.  5.  The  governor  shall  be  captain-general  of  Captain-gen- 
the  militia  of  the  state,    except  when  called  into  the  eral. 
service  of  the  United  States. 

SECT.  6.  He  may  require  information  in  writing  from  Governorraay 
the  officers  in  the  executive  department,  on  any  sub-  >;equire. »"- 
ject  relating  to  the  duties  of  their  respective  offices. 

SECT.  7.  The   governor,  in  case    of  a  disagreement  power  as  to 
between  the  two  houses  of  the  general  assembly,  re-  adjournment 
specting  the  time  of  adjournment,  may  ad;ourn  them  to  of  general  as- 
such  time  as  he  shall  think  proper,  not  beyond  the  day 
of  the  next  stated  session. 

SECT.  8.  He  shall,  from  time   to  time,   give  to  the  Dut    of      _ 
general  assembly,   information  of  the  state  of  the  gov-  ernor, 
4 


26 


CONSTITUTION  OF  CONNECTICUT. 


Power  togrant 

reprieves. 

Exception. 

Commissions. 


Power  and  du- 
ty  of  governor 

bills?  *         ° 


Proceedings 

ed  by'thegov 
ernor. 


President  of 
icnate. 


the  governor 
shall  devolve 

ant-governor" 


President  of 


ernment,  and   recommend  to  their  consideration  such 
measures  as  he  shall  deem  expedient. 

SECT.  9.  He  shall  take  care  that  the  laws  he  faithful- 
ly executed. 

SECT.  10.  The  governor  shall  have  power  to  grant 
reprieves  after  conviction,  in  all  cases,  except  those  of 
impeachment,  until  the  end  of  the  next  session  of  the 
general  assembly,  and  no  longer. 

SECT.  11.  All  commissions  shall  be  in  the  name,  and 
by  authority  of,  the  State  of  Connecticut  ;  shall  be  seal- 
ed with  the  state  seal,  signed  by  the  governor,  and 
attested  by  the  secretary. 

SECT.  12.  Every  bill,  which  shall  have  passed  both 
iiOUges  of  the  general  assembly,  shall  be  presented  to 
tne  governor.  If  he  approves,  he  shall  sign  and  trans- 
mit it  to  the  secretary  ;  but  if  not,  he  shall  return  it  to 
the  house  in  which  it  originated,  with  his  objections, 
which  shall  be  entered  on  the  journals  of  the  house  ; 
wno  shall  proceed  to  reconsider  the  bill.  If,  after  such 
reconsideration,  that  house  shall  again  pass  it,  it  shall 
be  sent,  with  the  objections,  to  the  other  house,  which 
shall  also  reconsider  it.  If  approved,  it  shall  become  a 
law.  But  in  such  cases,  the  votes  of  both  houses  shall 
be  determined  by  yeas  and  nays;  and  the  names  of  the 
members  voting  for  and  against  the  bill,  shall  be  enter- 
ed on  the  journals  of  each  house  respectively.  If  the 
bill  shall  not  be  returned,  by  the  governor,  within  three 
days,  (Sundays  excepted)  after  it  shall  have  been  pre- 
sented to  him,  the  same  shall  be  a  law,  in  like  manner 
as  if  he  had  signed  it  ;  unless  the  general  assembly,  by 
their  adjournment,  prevents  its  return,  in  which  case  it 
shall  not  be  a  law. 

SECT.   13.  The  lieutenant-governor  shall,  by  virtue 

of  his  office,  be  president  of  the  senate,  and  have,  when 

in  committee  of  the  whole,  a  right  to  debate,  and  when 

the  senate  is  equally  divided,  to  give  the  casting  vote. 

SECT.   14.  In  case  of  the  death,  resignation,  refusal  to 

f  serve>  or  removal  from  office  of  the  governor,  or  of  his 

impeachment,  or  absence  from  the  state,  the  lieutenant- 

governor   shall  exercise  the  powers  and  authority  ap- 

"  Pertaming   to  tne  omce  °f  governor,  until  another  be 

chosen  at  the  next  periodical  election  for  governor,  and 

be  duly  qualified  ;  or  until    the  governor  impeached  or 

absent,  shall  be  acquitted  or  return. 

SECT.  15.  When  the  government  shall  be  administer- 
edby  the  lieutenant-governor,  or  he  shall  be  unable  to 
attend  as  president  of  the  senate,  the  senate  shall  elect 
one  of  their  members,  as  president  pro  tempore.  And 
if,  during  the  vacancy  of  the  office  of  governor,  the 


CONSTITUTION  OP  CONNECTICUT.  27 

lieutenant-governor  shall  die,  resign,  refuse  to  serve, 
or  be  removed  from  office,  or  if  he  shall  be  impeached, 
or  absent  from  the  state,  the  president  of  the  senate  pro 
tempore,  shall,  in  like  manner,  administer  the  govern- 
ment, until  he  be  superseded,  by  a  governor,  or  lieuten- 
ant-governor. 

SECT.    16.    If  the  lieutenant-governor    shall  be  re-  In  what  case, 
quired  to  administer  the  government,  and  shall,  while  in  ^^g6^  b^0 
such  administration,  die  or  resign,  during  the  recess  of  choose  a  presi- 
the  general  assembly,  it  shall  be  the  duty  of  the  sec  re-  dent  pro  tem- 
tary,  for  the  time  being,  to  convene  the  senate,  for  the  Pore' 
purpose  of  choosing  a  president  pro  tempore. 

SECT.   17.  A  treasurer  shall  annually  be  chosen,  by  Treasurer, 
the  electors,   at  their  meeting  in  April ;  and  the  votes 
shall  be  returned,  counted,  canvassed,  and  declared,  in  Canvass  of 
the  same  manner   as  is  provided  for  the   election   of  votes, 
governor  and    lieutenant-governor ;   but  the  votes    for 
treasurer    shall    be    canvassed  by  the   secretary    and 
comptroller  only.     He  shall  receive  all  monies  belonging 
to  the  state,  and  disburse  the  same  only  as  he  may  be  ^*y  of 
directed  by  law.     He  shall  pay  no  warrant  or  order  for 
the  disbursement  of  public    money,  until  the  same  has 
been  registered  in  the  office  of  the  comptroller. 

SECT.   18.  A  secretary  shall  be  chosen  next  after  the  Secretary, 
treasurer,  and  in  the   same  manner ;  and  the  votes  for 
secretary  shall  be  returned  to,  and  counted,  canvassed  Canvass  of 
and  declared  by  the  treasurer  and  comptroller.     He  shall  Du7y"of  secre. 
have  the  safe  keeping  and  custody  of  the  pulic  records  tary. 
and  documents,  and  particularly,  of  the  acts,  resolutions 
and    orders   of  the   general   assembly,  and  record  the 
same  ;  and  perform   all   such  duties   as  shall  be  pre- 
scribed by  law.     He  shall  be  the  keeper  of  the  seal  of  Keeper  of  the 
the  state,  which  shall  not  be  altered.  seal. 

SECT.  19.  A  comptroller  of  the  public  accounts  shall  Comptroller, 
be  annually  appointed,  by  the  general  assembly.  He  shall 
adjust  and  settle  all  public  accounts  and  demands,  ex-  His  duty, 
cept  grants  and  orders  of  the  general  assembly.  He 
shall  prescribe  the  mode  of  keeping  and  rendering  all 
public  accounts.  He  shall,  ex  ojficio,  be  one  of  the  au- 
ditors of  the  accounts  of  the  treasurer.  The  general 
assembly  may  assign  to  him  other  duties  in  relation  to 
his  office,  and  to  that  of  the  treasurer,  and  shall  pre- 
scribe the  manner  in  which  his  duties  shall  be  perform- 
ed. 

SECT.  20.  A  sheriff  shall  be  appointed  in  each  county,  gberjj-. 
by  the  general  assembly,  who  shall  hold  his  office  for 
three  years,  removeable  by  said  assembly,  and  shall  be-  Term  of  office 
come  bound,  with  sufficient  sureties,  to  the  fcreas  n-er  of  Bond, 
the  state,  for  the   faithful  discharge  of  the  duties  of  big 


28 


CONSTITUTION  OF  CONNECTICUT. 


office,  in  such  manner  as  shall  be  prescribed  by  law.     In 
Vacancy,  how  case  the  sheriffof  any  county  shall  die  or  resign,  the  gov- 


supplied. 


Statement  of 
funds  of  the 
state. 


ernor  may  fill  the  vacancy  occasioned  thereby,  until 
the  same  shall  be  filled  by  the  general  assembly. 

SECT.  21.  A  statement  of  all  receipts,  payments,  funds, 
and  debts  of  the  state,  shall  be  published  from  time  to 
time,  in  such  manner  and  at  such  periods,  as  shall  be 
prescribed  by  law. 

ARTICLE  5. 

OF    THE    JUDICIAL    DEPARTMENT. 


Courts. 


Justices  of  the 
peace. 


Mode  of  ap- 
pointment. 

Tenure  of  of- 
fice. 

Removeable 
in  what  man- 
ner. 


Limitation   of 
term  of  office. 


SECT.  1.  The  judicial  power  of  the  state  shall  be  vested 
in  a  supreme  court  of  errors,  a  superior  court,  and  such 
inferior  courts  as  the  general  assembly  shall,  from  time 
to  time,  ordain  and  establish  :  the  powers  and  jurisdiction 
of  which  courts  shall  be  defined  by  law. 

SECT.  2.  There  shall  be  appointed,  in  each  county,  a 
sufficient  number  of  justices  of  the  peace,  with  such  ju- 
risdiction in  civil  and  criminal  cases  as  the  general  as- 
sembly may  prescribe. 

SECT.  3.  The  judges  of  the  supreme  court  of  errors, 
of  the  superior  and  inferior  courts,  and  all  justices  of  the 
peace,  shall  be  appointed  by  the  general  assembly,  in 
such  manner  as  shall  by  law  be  prescribed.  The  judges 
of  the  supreme  court,  and  of  the  superior  court,  shall 
hold  their  offices  during  good  behavior;  but  may  be 
removed  by  impeachment  ;  and  the  governor  shall  also 
remove  them,  on  the  address  of  two  thirds  of  the  mem- 
bers of  each  house  of  the  general  assembly  :  all  other 
judges  and  justices  of  the  peace  shall  be  appointed  annu- 
ally. No  judge  or  justice  of  the  peace  shall  be  capable 
of  holding  his  office,  after  he  shall  arrive  at  the  age  of 
seventy  years. 


ARTICLE  6. 


OF  THE  QUALIFICATIONS  OF  ELECTORS. 


Electors. 


Qualifications 
nectary   to 
become  elec- 
tors. 


SECT.  1 .  All  persons  who  have  been,  or  shall  hereafter, 
previous  to  the  ratification  of  this  constitution,  be  ad- 
mitted freemen,  according  to  the  existing  laws  of  this 
state,  shall  be  electors. 

SECT.  2.  Every  white  malecitizen  of  the  United  States, 
who  shall  have  gained  a  settlement  in  this  state,  attained 
the  age  of  twenty-one  years  ;  and  resided  in  the  town  in 
which  he  may  offer  himself  to  be  admitted  to  the  privi- 
lege of  an  elector,  at  least  six  months  preceding ;  and 
have  a  freehold  estate  of  the  yearly  value  of  seven  doJ- 


CONSTITUTION  OF  CONNECTICUT.  29 

ars  in  this  state  5  or  having  been  enrolled  in  the  militia, 
shall  have  performed  military  duty  therein,  for  the  term 
of  one  year  next  preceding  the  time  he  shall  offer  him- 
self for  admission,  or  being  liable  thereto,  shall  have  been, 
by  authority  of  law,  excused  therefrom  ;  or  shall  have 
paid  a  state  tax  within  the  year  next  preceding  the  time 
he  shall  present  himself  for  such  admission  ;  and  shall 
sustain  a  good  moral  character  ;  shall,  on  his  taking  such 
oath  as  may  be  prescribed  by  law,  be  an  elector. 

SECT.  3.  The  privileges  of  an  elector  shall  be  forfeit-  prjviiejres  Of 
ed,  by  a  conviction  of  bribery,  forgery,  perjury,  duelling,  an  elector, 
fraudulent  bankruptcy,  theft,  or  other  offence  for  which  how  forfeited, 
an  infamous  punishment  is  inflicted. 

SECT.  4.  Every  elector  shall  be  eligible  to  any  office  Eligibility  of 
in  this  state,  except  in  cases  provided  for  in  this  consti-  electors, 
tution.  Select-men 

SECT.  5.  The  select  men  and  town  clerk  of  the  several  and  town 
towns,  shall  decide  on  the  qualifications  of  electors,  .at  such  clerk  to  de- 
times,  and  in  such  manner  as  may  be  prescribed  by  law.   fi^tj°"squali~ 

SECT.  6.  Laws  shall  be  made  to  support  the  privilege  of  Lawg  to"  be 
free  suffrage,  prescribing  the  manner  of  regulating  and  made  in  sup- 
conducting  meetings  of  the  electors,  and  prohibiting,  under  port  of  free 
adequate  penalties,    all  undue  influence  therein,  from  suffraSe- 
power,  bribery,  tumult  and  other  improper  conduct. 

SECT.  7.  In  all  elections  of  officers  of  the  state,  or 
members  of  the  general  assembly,  the  votes  of  the  elect-  lot. 
ors  shall  be  by  ballot. 

SECT.  8.  At  all  elections  of  officers  of  the  state,  or  eiectorf  from 
members  of  the  general  assembly,  the  electors  shall  be  arrest, 
privileged  from  arrest,  during  their  attendance  upon,  and 
goingto,and  returning  from  the  same,  on  anycivilprocess. 

SECT.  9.  The  meetings  of  the  electors  for  the  election  Annual  meet- 
of  the  several  state  officers,  by  law  annually  to  be  elect-  ing  of  the 
ed,  and  members  of  the  general  assembly  of  this  state,  electors- 
shall  be  holden  on  the  first  Monday  of  April  in  each  year. 

ARTICLE  7. 

OF    RELIGION. 

SECT.  1.  It  being  the  duty  of  all  men  to  worship  the  Duty  and 
Supreme  Being,  the  Great  Creator  and  Preserver  of  the  Jj?h l .°f  ™er' 
Universe,  and  their  right  to  render  that  worship,  in  the  Supreme 
mode  most  consistent  with  the  dictates  of  their  conscien-  Being, 
ces  ;  no  person  shall,  by  law,  be  compelled  to  join  orsup-  No  legal  com" 
port,  nor  be  classed  with,  or  associated  to,  any  congrega-  Pul8'on- 
tion,  church,  or  religious  association.     But  every  person 
now  belonging  to  such  congregation,  church,  or  religious 
association,  shall  remain  a  member  thereof,  until  he 
shall  have  separated  himself  therefrom,  in  the  manner 
hereinafter  provided.     And  each  and  every  society  or 


Equal   rights 
efChriitians. 


Secession. 


Charter  of 

Yale-College, 

confirmed. 


School  fund. 


Amount  to  he 
ascertained ; 

published  and 
recorded. 

Never  to  be 
diverted. 


CONSTITUTION  OF    CONNECTICUT. 

denomination  of  Christians  in  this  state,  shall  have  and 
enjoy  the  same  and  equal  powers,  rights  and  privileges  ; 
and  shall  have  power  and  authority  to  support  and  main- 
tain the  ministers  or  teachers  of  their  respective  denom- 
inations, and  to  build  and  repair  houses  for  public  wor- 
ship, by  a  tax  on  the  members  of  any  such  society  only, 
to  be  laid  by  a  ma  or  vote  of  the  legal  voters  assembled 
at  any  society  meeting,  warned  and  held  according  to 
law,  or  in  any  other  manner. 

SECT.  2.  If  any  person  shall  choose  to  separate  himself 
from  the  society  or  denomination  of  Christians  to  which 
he  may  belong,  and  shall  leave  a  written  notice  thereof 
with  the  clerk  of  such  society,  he  shall  thereupon  be 
no  longer  liable  for  any  future  expenses  which  may  be 
incurred  by  said  society. 

ARTICLE  8. 

OF    EDUCATION. 

SECT.  1.  The  charterof  Yale-College,  as  modified  by 
agreement  with  the  corporation  thereof,  in  pursuance 
of  an  act  of  the  general  assembly,  passed  in  May,  1792, 
is  hereby  confirmed. 

SECT.  2.  The  fund,  called  the  SCHOOL  FUND,  shall  re- 
main a  perpetual  fund,  the  interest  of  which  shall  be 
inviolably  appropriated  to  the  support  and  encourage- 
ment of  the  public,  or  common  schools,  throughout  the 
state,  and  for  the  equal  benefit  of  all  the  people  thereof. 
The  value  and  amount  of  said  fund  shall,  as  soon  as  prac- 
ticable, be  ascertained,  in  such  manner  as  the  general 
assembly  may  prescribe,  published,  and  recorded  in  the 
comptroller's  office  ;  and  no  law  shall  ever  be  made,  au- 
thorising said  fund  to  be  diverted  to  any  other  use  than 
the  encouragement  and  support  of  public,  or  common 
schools,  among  the  several  school  societies,  as  justice 
and  equity  shall  require. 

ARTICLE  9. 


OF    IMPEACHMENTS. 


Power  of  im- 
peachment. 

Trial  of  im- 
peachments. 


SECT.  1.  The  house  of  representatives  shall  have  the 
sole  power  of  impeaching. 

SECT.  2.  All  impeachments  shall  be  tried  by  the  senate. 
When  sitting  for  that  purpose,  they  shall  be  on  oath  or 
affirmation.  No  person  shall  be  convicted,  without  the 
concurrence  of  two  thirds  of  the  members  present. 
When  the  governor  is  impeached,  the  chief  justice  shall 
preside. 


CONSTITUTION    OF    CONNECTICUT.  3] 

SECT.  3.  The  governor,  and  all  other  executive  and  Liability  to 
judicial  officers,  shall  be  liable  to  impeachment ;  but  impeachment, 
judgments  in  such  cases  shall  not  extend  further  than  to  Limitation  of 
removal  from  office,  and  disqualification  to  hold  any  judgment, 
office  of  honor,  trust,  or  profit  under  this  state.     The 
party  convicted,  shall,  nevertheless,  be  liable  and  subject 
to  indictment,  trial,  and  punishment  according  to  law. 

SECT.  4.  Treason  against  the  state  shall  consist  only  Treason  de- 
in  levying  war  against  it,  or  adhering  to  its  enemies,  giv- 
ing them  aid  and  comfort.     No  person  shall  be  convicted 
of  treason,  unless  on  the  testimony  of  two  witnesses  to  Evidence, 
the  same  overt  act,  or  on  confession  in  open  court.     No  Consequences 
conviction  of  treason,  or  attainder,  shall  work  corrup-  of  conviction, 
tion  of  blood,  or  forfeiture. 

ARTICLE  10. 

GENERAL    PROVISIONS. 

SECT.  1.  Members  of  the  general  assembly,  and  all  of-  official  oath. 
ficers,  executive  and  judicial,  shall,  before  they  enter  on 
the  duties  of  their  respective  offices,  take  the  following 
oath  or  affirmation,  to  wit : 

You  do  solemnly  swear  (or  affirm,  as  the  case  may  be)  Form, 
that  you  will  support  the  constitution  of  the  United 
States,  and  the  constitution  of  the  state  of  Connecticut, 
so  long  as  you  continue  a  citizen  thereof;  and  that  you 
will  faithfully  discharge,  according  to  law,  the  duties  of 
the  office  of  to  the  best  of  your  abilities. 

So  help  you  God. 

SECT.  2.  Each  town  shall,  annually,  elect  select  men,  Select-meu, 
and  such  officers  of  local  police,  as  the  laws  may  pre-  &c. 
scribe. 

SECT.  3.    The  rights  and  duties  of  all  corporations  Effect  of  con- 
shall  remain  as  if  this  constitution  had  not  been  adopt-  stitution  upon 
ed,  with  the  exception  of  such  regulations  and  restric-  corP°rat'°«s ; 
tions  as  are  contained  in  this  constitution.     All  judicial  judicial  and 
and  civil  officers  now  in  office,  who  have  been  appoint-  clvil  officers: 
ed  by  the  general  assembly,  and  commissioned  accord- 
ing to  law,  and  all  such  officers  as  shall  be  appointed  by 
the  said  assembly,  and  commissioned  as  aforesaid,  before 
the  first  Wednesday  of  May  next,  shall  continue  to  hold 
their  offices  until  the  first  day  of  June  next,  unless  they 
shall,  before  that  time,  resign,  or  be  removed  from  office 
according  to  law.     The  treasurer  and  secretary  shall  treasurer  and 
continue  in  office  until  a  treasurer  and  secretary  shall  be  secre-ta|y ; 
be  appointed  under  this  constitution.     All  military  of-  military  offi- 
ficers  shall  continue  to  hold  and  exercise  their  respec-  cers- 
tive  offices,  until  they  shall  resign,  or  be  removed  accord- 
ing to  law.     All  laws  not  contrary  to,  or  inconsistent  laws- 


32 


CONSTITUTION  OP  CONNECTICUT. 


Bonds,  debts, 
contracts,  &c. 


General  as- 
sembly in  Oc- 
tober, 1818. 


Public  officers 
excluded  from 
general  as- 
semblv. 


Amendments, 
how  to  be  pro- 
posed ; 

continued  and 
published  ; 


approved,  by 
each  house ; 


presented  to 
the  inhabit- 
ants ; 


and  adopted. 


with,  the  provisions  of  this  constitution,  shall  remain  in 
force,  until  they  shall  expire,  by  their  own  limitation,  or 
shall  be  altered  or  repealed,  by  the  general  assembly, 
in  pursuance  of  this  constitution.  The  validity  of  all 
bonds,  debts,  contracts,  as  well  of  individuals  as  of  bod- 
ies corporate,  or  the  state,  of  all  suits,  actions,  or  rights 
of  action,  both  in  law  and  equity,  shall  continue  as  if  no 
change  had  taken  place.  The  governor,  lieutenant- 
governor,  and  general  assembly,  which  is  to  be  formed 
in  October  next,  shall  have,  and  possess,  all  the  powers 
and  authorities,  not  repugnant  to,  or  inconsistent  with 
this  constitution,  which  they  now  have  and  possess,  until 
the  first  Wednesday  of  May  next. 

SECT.  4.  No  judge  of  the  superior  court,  or  of  the 
supreme  court  of  errors ;  no  member  of  congress  ;  no 
person  holding  any  office  under  the  authority  of  the  Uni- 
ted States  ;  no  person  holding  the  office  of  treasurer, 
secretary,  or  comptroller  ;  no  sheriff,  or  sheriff's  deputy, 
shall  be  a  member  of  the  general  assembly. 

ARTICLE  11. 

OF  AMENDMENTS  OF  THE  .CONSTITUTION. 

Whenever  a  majority  of  the  house  of  representa- 
tives shall  deem  it  necessary  to  alter,  or  amend  this  con- 
stitution, they  may  propose  such  alterations  and  amend- 
ments ;  which  proposed  amendments  shall  be  continued  to 
the  next  general  assembly,  and  be  published  with  the  laws 
which  may  have  been  passed  at  the  same  session  ;  and  if 
two  thirds  of  each  house,  at  the  next  session  of  said  assem- 
bly, shall  approve  the  amendments  proposed,  by  yeas  and 
nays,  said  amendments  shall,  by  the  secretary,  be  trans- 
mitted to  the  town  clerk  in  each  town  in  the  state ;  whose 
duty  it  shall  be  to  present  the  same  to  the  inhabitants  there- 
of, for  their  consideration,  at  a  town  meeting,  legally  warn- 
ed and  held  for  that  purpose  ;  and  if  it  shall  appear  in 
a  manner  to  be  provided  by  law,  that  a  majority  of  the 
electors  present  at  such  meetings,  shall  have  approved 
such  amendments,  the  same  shall  be  valid,  to  all  intents 
and  purposes,  as  a  part  of  this  constitution. 

Done  in  Convention,  on  the  fifteenth  day  of  September, 
in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  eighteen,  and  of  the  Independence  of  the  United 

-   States  the  forty-third. 

By  order  of  the  Convention, 

OLIVER  WOLCOTT,  President. 

JAMES  LANMAN,          ) 
ROBERT  FAIRCHILD,  $ 


STATUTES 

OF 

CONNECTICUT. 

TITLE  1.    Account. 

An  Act  authorising  the  appointment  of  Auditors 
in  actions  of  Account. 

T[)E  it  enacted  by  the  Senate  and  House  of 
D  Representatives  in  General  Assembly  con- 
vened, That  whenever  a  judgment  shall  be  rendered  When  auditors 
against  the  defendant,  in  an  action  of  account,  that  he  9h?"  b^  *P- 
do  account,  the  court  shall  appoint  not  more  than  three 
able,  disinterested,  and  judicious  men,  to  take  the  ac- 
count ;  who  shall  be  sworn  according  to  law,  and  shall 
have  power  to  appoint  the  time  and  place  for  the  hear- 
ing, and  shall  give  reasonable  notice  thereof  to  the  par- 
ties :  And  if  the  defendant  shall  refuse  to  attend,  at  the 
time  and  place  appointed,  and  produce  his  books,  and 
render  his  account,  the  auditors  shall  receive  from  the 
plaintiff  his  statement  of  the  account,  and  award  to  him 
the  whole  sum  he  claims  to  be  due. 

SECT.  2.  If  the  parties  appear,  and  produce  their  How  they  shall 
books,  the  auditors  shall  have  power  to  administer  an  Proceedg 
oath  to  them,  and  examine  them  respecting  their  ac- 
counts, and  to  enquire  of  any  other  lawful  witnesses : 
and  if  either  party  shall  refuse  to  be  sworn,  or  to  answer 
any  proper  questions  respecting  his  account,  the  audit- 
ors may  commit  him  to  gaol,  there  to  continue  till  he 
will  consent  to  be  sworn,  and  answer  all  proper  inter- 
rogatories :  and  the  auditors  shall  liquidate  and  adjust 
the  accounts,  and  award  that  the  party  in  whose  favor 
they  find  the  balance  to  be  due,  shall  recover  the  same, 
and  shall  make  report  to  the  same  or  the  next  succeed- 
ing session  of  the  court.  The  party  in  whose  favor  the 
report  is  made,  shall  pay  to  the  auditors  their  fees  and 
expenses,  which  shall  be  allowed  in  the  bill  of  cost :  and 
on  the  return  and  acceptance  of  the  report,  the  court 
shall  render  judgment,  that  the  party  in  whose  favor  it 
5 


34 


Title  2.     Actions  Civil. 


No  appeal. 


Justices  of  the 
peace  shall 
take  the  ac- 
count. 


When  ac- 
count will  lie 
against  execu- 
tors, and  ten- 
ants in  com- 
mon. 


When  the 
remedy  shall 
be  by  bill  in 
equity. 


is  made,  shall  recover  the  sum  found  to  be  due,  with  his 
lawful  cost.  And  no  appeal  shall  be  allowed  on  any 
judgment  given  on  a  report  of  auditors. 

SECT.  3.  In  actions  of  account,  brought  before  justi- 
ces of  the  peace,  when  judgment  is  rendered  that  the 
defendant  shall  account,  they  shall  take  and  adjust  the 
account,  without  the  appointment  of  auditors,  and  render 
judgment  accordingly. 

SECT.  4.  An  executor,  who  is  also  residuary  legatee, 
when  all,  or  any  part  of  his  legacy  is  withholden  from 
him,  by  his  co-executor,  may  bring  his  action  of  ac- 
count against  his  co-executor  for  the  recovery  thereof; 
and  the  like  action  shall  be  allowed  to  residuary  lega- 
tees against  executors.  When  two  persons  hold  any 
estate  as  joint  tenants,  tenants  in  common,  or  coparce- 
ners, if  one  of  them  shall  receive,  use  or  take  benefit  oi 
such  estate,  in  greater  proportion  than  the  amount  of 
his  interest  in  the  principal  estate,  he,  and  his  executors 
or  administrators,  shall  be  liable  to  render  an  account 
to  his  co-tenant ;  and  such  co-tenant,  his  executors  or 
administrators,  may  bring  an  action  of  account  against 
such  receiver,  and  recover  such  sum  as  he  has  received 
more  than  his  proportion  as  aforesaid. 

SECT.  5.  When  there  shall  be  such  claim,  by  one  co- 
executor,  or  residuary  legatee,  against  two  or  more  co- 
executors  ;  or  when  there  is  a  claim  by  one  joint-tenant, 
tenant  in  common,  or  coparcener,  against  two  or  more 
co-tenants,  the  remedy  shall  be  by  bill,  or  petition  in 
equity. 


TITLE  2.     Actions  Civil. 


An  Act  for  the  regulation  of  Civil  Actions. 

t     TJ  E  it  enacted  by  the  Senate  and  House  of  Rep- 

SECT.   1.      |  ^  ...          •     /-*  1/1  11  T 

M-M  resentatives  in  Lreneral  Assembly  convened, 
That  the  process  in  civil  actions  shall  be  by  summons,  or 
attachment,  in  writing  ;  that  the  writ  shall  describe  the 
parties  and  the  court,  and  mention  the  time  and  place  of 
appearance  ;  shall  be  accompanied  with  a  declaration, 
containing  the  cause  of  action,  and  shall  be  signed  by  the 
governor,  lieutenant-governor,  a  senator,  judge,  jus- 
tice of  the  peace,  or  clerk  of  the  court  to  which  it  is  re- 
Attachment,  turnable.(l)  Attachments  may  be  granted  against  the 

(1)  In  the  earliest  statutes,  a  regulation  the  time  and  place  of  appearance,  togeth- 

was   made,    that  the    ordinary    process  er  with  the  substance  of  the  action.     This 

should  be  a  warrant,  fairly  written,  under  was,  undoubtedly,  the  origin  of  the  prac- 

the  hand  of  some  magistrate,  mentioning  tice,  peculiar  to  this  state,  of  issuing  the 


Process. 
Writ. 


Declaration. 
Signing. 


Title  2.     Actions  Civil.  35 

«>oods  and  chattels  of  the  defendant,  and  for  want  there- 
of, against  his  lands  or  person.    When  the  plaintiff  prays  Bonds  for 
out  an  attachment,  a  sufficient  bond  shall  be  given,  con-  prosecution 
ditioned  to  prosecute  his  action  to  effect,  and  answer  all 
damages  in  case  he  makes  not  his  plea  good  :  and  if  it 
shall  appear  to  the  authority  signing  the  writ,  that  he  is 
unable  to  pay  the  cost  of  suit,  if  a  recovery  should  be  had 
against  him,  then  he  shall  procure  a  surety  in  such  bond  Surety,  when 
of  prosecution.     If  the  plaintiff  is  not  an  inhabitant  of  to  be  Siven 
this  state,  or  if  an  inhabitant  of  this  state,  and  it  appears 
to  the  authority  signing  the  writ,  that  he  is  unable  to  pay 
the  cost  of  suit,  if  a  recovery  is  had  against  him,  then, 
whether  the  suit  be  a  summons  or  attachment,  he  shall 
procure  surety  in  a  bond  from  some  substantial  inhabitant 
of  this  state  to  prosecute  his  action  to  effect,  and  answer 
all  damages,  in  case  he  make  not  his  plea  good. 

SECT.  2.  All  process,  by  attachment  or  summons,  To  whom  pro- 
shall  be  directed  to  the  sheriff,  his  deputy,  a  constable,  <jess  sha"  he 
or  some  indifferent  person  ;  but  no  writ  of  attachment  ' 
or  summons  shall  be  directed  to  an  indifferent  person  to  Direction  to 
serve,  till  the  same  shall  be  complete  in  all  other  re- 
spects ;  nor  shall  it  be  so  directed,  unless  more  defend- 
ants than  one  are  therein  named,  and  described  to  be  of 
different  counties  in  the  state  ;  or  unless  where,  in  case 
of  a  writ  of  attachment,  the  plaintiff,  or  one  of  the  plain- 
tiffs, if  there  be  more  than  one,  or  his  or  their  agent  or 
attorney,  shall  make  an  affidavit  respecting  the  writ,  in 
the  words  following  :  "  You  solemnly  swear  (or  affirm)  Form  of  oath, 
that  you  verily  believe  the  plaintiff,  (or  plaintiffs,  as  the 
case  may  be)  is  in  danger  of  losing  the  debt,  (damage,  or 
other  thing,  as  the  case  may  be)  in  this  writ,  unless  an 
indifferent  person  be  deputed  for  the  immediate  service 
of  the  same.  So  help  you  God :"  which  oath  the  au- 
thority signing  such  writ  is  empowered  to  administer ; 
and  he  shall  certify  on  the  writ  that  he  administered  the 
same  ;  for  which  service  he  shall  be  entitled  to  receive 
twelve  cents,  but  which  shall  not  be  taxed  in  the  bill  of 
costs :  in  which  cases,  the  authority  shall  insert  in  the 
writ  the  name  of  the  indifferent  person  to  whom  it  is  di- 
rected ;  but  need  not  insert  the  reason  of  such  direction. 
And  if  any  writ  of  attachment,  or  summons,  shall  be  di- 
rected to  an  indifferent  person,  except  in  the  cases,  and 

. 

writ  and  declaration  together;  and  as  it  clared,  that  the  ordinary  process  shall  be 

gave  notice  to  the  defendant  of  the  de-  a  summons  or  attachment,  fairly  written, 

mand  against  him,  it  superseded  the  ne-  signed  by  a  magistrate,  containing  a  decla- 

cessity  of  filing  a  declaration   on  his  ap-  ration  of  the  subslance  of  the  action.     The 

pearance.     In  the  revision  in    1750,  the  present  statute  is  varied  to  conform  to  the 

phraseology  is  a  little  varied  :  and  it  is  de-  actual  practice. 


tle  2.     Actions  Civil. 


Special  depu- 
tation. 


Time  of  ser- 
vice. 


Service  of 

summons; 


of  attachment 


I 


Stock  of  in- 
corporated 
companies, 
how  to  be  at- 
tached. 


under  the  regulations  above  mentioned,  the  same  shall 
abate. 

SECT.  3.  The  sheriff  may  depute  a  proper  person,  on 
some  special  occasion,  to  serve  a  particular  writ ;  which 
deputation  shall  be  entered  on  the  back  of  the  writ ;  who, 
after  service  thereof,  shall  make  oath  before  a  justice  of 
the  peace,  that  he  faithfully  and  truly  served  the  same, 
according  to  his  indorsement  thereon,  and.  that  he  did 
not  fill  up  said  writ,  nor  give  direction  to  any  person  to 
fill  up  the  same  ;  and  such  justice  of  the  peace  shall  cer- 
tify on  the  writ  that  he  administered  said  oath  according- 
ly ;  and  thereupon  the  service  thereof  shall  be  good  and 
valid. 

SECT.  4.  All  writs  and  processes,  returnable  to  the 
supreme  court  of  errors,  the  superior  court,  and  county 
courts,  shall  be  served  at  least  twelve  days  inclusive  be- 
fore the  day  of  the  sitting  of  the  court ;  and  if  returna- 
ble to  a  justice  of  the  peace,  at  least  six  days  inclusive, 
as  aforesaid  ;  or  the  defendant  shall  not  be  bound  to 
make  answer  thereto. 

SECT.  5.  A  summons  shall  be  served,  by  the  officer's 
reading  the  same  in  the  hearing  of  the  defendant  or  de- 
fendants, or  leaving  an  attested  copy  thereof  at  the  place 
or  places  of  his  or  their  usual  abode  :  an  attachment  shall 
be  served,  by  attaching  the  goods  aud  chattels  of  the  de- 
fendant, or  if  none  can  be  found,  by  attaching  the  person 
or  lands  of  the  defendant.  When  an  attachment  is 
served,  by  taking  the  body  of  the  defendant,  notice  shall 
be  given  to  him,  by  the  officer's  reading  the  writ  in  his 
hearing,  or  by  leaving  an  attested  copy  at  his  usual  place 
of  abode.  When  any  estate,  real  or  personal,  is  attach- 
ed, the  officer  serving  the  writ  shall  leave  with  the  per- 
son whose  estate  is  so  attached,  or  at  the  place  of  his  usu- 
al abode,  if  within  the  state,  a  true  and  attested  copy  of 
the  writ,  and  of  his  return,  describing  the  estate  attached 
thereon.  And  when  any  real  estate  is  taken,  the  officer 
serving  the  writ,  shall  leave  a  true  and  attested  copy 
thereof,  and  a  description  of  the  estate  taken,  at  the 
town  clerk's  office,  in  the  town  where  the  land  lies, 
within  seven  days  next  after  attaching  the  estate,  and 
before  the  time  limited  by  law  for  the  service  of  such 
writ  expires  :  and  unless  the  service  shall  be  so  complet- 
ed, such  estate  shall  not  be  holden  against  any  other 
creditor,  or  bonajlde  purchaser. 

SECT.  6.  The  rights  or  shares,  which  any  person  may 
have  or  own  in  the  stock  of  any  bank,  insurance  compa- 
ny, turnpike  company,  or  other  corporation,  together 
with  the  interests,  rents  and  profits,  due,  and  growing  due 
thereon,  shall  be  liable  to  be  attached,  in  any  action  at 


Title  2.     Actions  Civil.  37 

law,  and  levied  upon  and  sold  to  satisfy  any  judgment 
and  execution.  And  the  attachment  of  any  such  rights 
or  shares  shall  be,  by  leaving  a  true  and  attested  copy  of 
the  writ,  by  the  officer  serving  the  same,  with  his  proper 
endorsement  thereon,  as  in  other  cases,  with  the  defend- 
ant, or  at  his  usual  place  ofobode,  if  within  this  state,  and 
with  the  cashier  of  such  bank,  or  with  the  secretary  or 
clerk  of  such  company  or  corporation;  and  such  rights 
or  shares,  together  with  the  interests,  rents  and  profits, 
shall  be  holden  to  respond  the  judgment,  which  may  be 
recovered  in  such  action,  for  the  term  of  sixty  days  after 
the  rendering  thereof,  and  no  longer. 

SECT.  7.  No  estate  attached  as  aforesaid,  shall  be  held  Whenertato 
to  respond  the  judgment  obtained  by  the  plaintiff  at  J^^Jj^ 
whose  suit  the  same  is  attached,  either  against  the  debtor,  by  execution. 
or  any  other  creditor,   unless  such  judgment-creditor 
take  out  execution  on  such  judgment,  and  have  the  same 
levied  on  goods  or  personal  estate,  within  sixty  days  af- 
ter final  judgment,  or  on  real  estate,  and  have  the  same 
appraised  and  recorded,  within  four  months  after  such 
judgment  shall  have  been  obtained  :  or  if  said  goods  or 
estate  are  incumbered,  by  any  prior  attachment,  the  ex- 
ecution to  be  levied  as  aforesaid,  within  the  respective 
times  aforesaid,  after  such  incumbrance  is  removed. 

SECT.  8.  When  the  defendant  is  not  a  resident  or  in-  Service  of 
habitant  of  this  state,  and  has  estate  within  the  same  writs  on  non 
which  is  attached,  a  copy  of  the  writ,  describing  the  es-  resl  ente' 
tate,  shall  be  left,  by  the  officer,  with  the  agent  or  attor- 
ney of  the  defendant,  within  this  state  ;  and  when  land  is 
attached,  a  like  copy  shall  be  left  in  the  office  of  the 
town-clerk  where  the  land  lies,  as  in  cases  where  the  de- 
fendant belongs  to  this  state  :  but  if  the  defendant  has 
not  any  agent  or  attorney  within  this  state,  then  a  like 
copy  shall  be  left  with  him,  who  has  the  charge  or  pos- 
session of  the  estate  attached. 

SECT.  9.  On  writs  of  scire  facias,  in  which  execution  Attachment 
may  be  issued  against  the  person  and  property  of  the  de-  on  scire  facias. 
feudant,  on  the  judgment  that  maybe  rendered  thereon, 
the  process  may  be  by  attachment  of  the  person  or  prop- 
erty of  the  defendant,  to  be  proceeded  with  as,  to  bail, 
and  in  all  respects,  as  in  ordinary  cases. 

SECT.  10.  Officers  serving  writs  shall  return  them,  or  Time  of  re- 
cause  them  to  be  returned,  to  the  clerks  of  the  courts  to  turn. 
which  they  are  made    returnable,  at  least  forty-eight 
hours  prior  to  the  day  of  the  session  of  the  court :  and 
writs  returnable  to  justices  of  the  peace  shall  be  returned 
at  least  twenty-four  hours  before  the  day  of  trial. 

SECT.  11.  When  any  process  is  duly  served  on  any  AppearaDce 
defendant  or  defendants,  and  returned  to  the  court  to  Of  defendant 


38 


Title  2.     Actions  Civil. 


which  it  is  made  returnable,  if  he  or  they  do  not  appear, 
his  or  their  default  shall  be  recorded,  and  judgment  be 
rendered  against  them,  unless  he  or  they  shall  come  into 
court,  on  or  before  the  second  day  of  its  session,  and 
move  for  a  trial ;  in  which  case  he  or  they  shall  be  ad- 
mitted thereto,  upon  paying  to  the  plaintiff  his  cost  to 
that  time ;  and  the  action  shall  be  entered  anew  for 
trial.(2) 

SECT.  12.  When  the  defendant,  being  an  inhabitant 
when  defend-  of  this  state,  is  absent  out  of  the  same,  at  the  time  of 
ant  i»  out  of  the  commencement  of  the  suit,  and  does  not  return  be- 
fore the  first  day  of  the  sitting  of  the  court,  such  suit 
shall  be  continued  to  the  next  term  ;  and  if  the  defend- 
ant does  not  return,  or  appear  by  attorney,  and  be  so 
remote  that  notice  of  the  suit  could  not  have  been  con- 


Judgment  by 
default. 


Continuance 


(2)  In  the  revision  of  the  statutes  in  1672, 
and  which  appears  to  have  been  the  pre- 
vious practice,  it  is  declared,  that  the  pro- 
cess in  the  first  instance,  shall  be  a  war- 
rant, fairly  written,  under  the  hand  of 
some  magistrate,  commissioner,  or  clerk 
of  the  cnur%  mentioning  the  time  and 
place  of  appearance ;  and  if  the  party 
did  not  appear,  then  upon  affidavit  that 
the  warrant  was  read  in  his  hearing,  <ir 
left  at  his  usual  abode,  an  attachment 
could  be  granted  against  him,  by  the 
court,  for  the  contempt,  and  for  want  of 
bail  he  could  be  imprisoned,  returnable  to 
the  next  court>  who  could  proceed  against 
him  according  to  law.  At  the  same  time, 
a  provision  was  made,  authorising  credit- 
ors, having  debts  owing  to  them  in  mon- 
ey, coin,  provision,  or  other  special  pay, 
to  attach  such  estate  as  was  engaged,  or 
any  other  estate,  and  secure  it  for  trial. 
So,  the  es'ate  of  persons  not  lesiding  in  the 
colony,  and  the  estate  of  debtors  who 
were  about  to  convey  away  their  estate 
to  defraud  their  creditors,  or  to  abscond, 
could  be  attached.  The  plaintiff  was  en- 
abled ID  declare  upon  the  attachment,  if 
the  defendant  came  in  upon  it ;  and  the 
prior  attaching  creditor  was  first  to  be 
paid.  The  law  alsr.  required,  that  the 
party  taking  out  an  attachment  against 
the  j)ers'>n,  goods  or  lands  of  another, 
should  give  security  for  prosecuting  his  ac- 
tion. In  the  revision  of  1702,  there  is  an 
additional  regulation,  that  the  court  may 
imp  <se  a  fine  not  exceeding  twenty  shil- 
ling!- "n  a  defendant  guilty  of  a  contempt 
in  not  appearing.  A  power  ais-o  i.e  given, 
in  all  civil  action.0,  to  proceed  by  *um- 
mons  or  attachment,  against  any  defend- 
ant, his  goods  and  chattels,  and  for  want 


thereof,  against  his  lands,  or  person.  No- 
tice was  required  to  be  given,  by  reading 
the  writ  in  his  hearing,  or  leaving  a  true 
copy  at  his  place  of  usual  abode,  if  within 
the  colony,  or  the  action  should  uot  pro- 
ceed :  but  if  his  place  of  abode  was  out  of 
the  colony,  the  action  should  proceed  to 
trial,  but  judgment  should  not  be  rendered 
till  the  next  court.  As  the  declaration 
accompanied  the  writ,  so  as  to  give  no- 
tice  to  the  defendant,  when  duly  served, 
of  the  nature  of  the  demand  agamst  him, 
there  could  be  no  injustice  in  rendering 
judgment  against  him,  where  he  did  not 
appear,  for  such  sum,  as  by  his  non-ap- 
pearance, he  admitted  to  be  due.  Ac- 
cordingly, in  1713,  it  was  enacted  by 
statute,  that  when  the  process  was  duly 
served  and  returned,  il  the  defendant  did 
not  appear  by  himself  or  attorney,  his  de- 
fault should  be  recorded,  and  judgment 
rendered  against  him  ;  unless  before  the 
jury  should  be  dismissed,  he  should  come 
into  court,  and  move  for  a  new  trial  :  to 
which  he  was  entitled,  upon  paying  the 
plaintiff  the  cost  to  that  time.  In  the  revis- 
ion ef  1784,  the  law  required  that  the 
defendant  should,  in  such  case,  come  into 
court,  on  or  before  the  second  day  of  the 
court,  and  move  for  a  trial  ;  and  then  he 
is  entitled  to  it,  upon  paying  to  the  plain- 
tiff the  cost  till  that  time  ;  and  the  statute 
then  assumed  the  form  which  has  continu- 
ed to  the  present  time.  In  this  gradual 
manner,  the  practice  was  introduced,  of 
rendering  judgment  against  a  defendant  on 
default,  and  superseded  the  necessity  of 
that  long  and  tedious  process,  which,  at 
common  law,  was  adopted,  to  compel  the 
appearance  of  a  defendant,  before  judg- 
ment could  be  rendered  against  him. 


Titk  2.     Actions  Civil.  'S 

veyed  to  him,  such  suit  may  be  continued  to  the  next 
term,  and  no  longer  :  and  if  he  does  not  then  appear, 
judgment  may  be  rendered  against  him  on  default  of  ap- 
pearance. But  if  the  defendant  is  not  an  inhabitant,  or 
resident  of  this  state,  at  the  commencement  of  the  suit, 
and  does  not  appear  and  answer  to  the  suit,  by  himself 
or  attorney,  then  the  court  shall  continue  the  same  to  the 
next  term,  and  may  direct  notice  to  be  given  to  the  de- 
fendant of  the  pendency  of  the  suit,  by  publication  in 
some  newspaper,  or  otherwise,  as  they  may  judge  expe- 
dient :  and  if  the  defendant  should  not  then  appear,  by 
himself  or  attorney,  and  be  so  remote  that  it  is  not  proba- 
ble that  notice  has  been  received  by  him  of  the  penden- 
cy of  the  suit,  the  court  shall  continue  the  suit  to  the 
next  term,  and  no  longer;  and  if  he  does  not  then  ap- 
pear, may  render  judgment  against  him,  on  default.  And 
in  such  cases,  where  judgment  shall  be  entered  up  against 
him  on  default,  after  such  continuances,  execution  shall 
not  issue  thereon,  until  the  plaintiff  shall  have  lodged 
with  the  clerk  of  the  court,  a  bond,  with  one  or  more  Bond. 
sufficient  sureties,  to  the  adverse  party,  in  double  the 
sum  of  such  judgment,  to  refund  the  whole,  or  such  part 
of  it,  as  the  court,  upon  a  writ  of  error,  or  petition  for 
a  new  trial,  to  be  brought  within  one  year  after  such 
judgment,  shall  adjudge  and  determine  that  the  plaintiff 
had  no  right  to  recover  :  provided,  that  no  real  estate  Proviso 
taken  by  an  execution  granted  on  such  first  judgment, 
shall  be  aliened  and  conveyed  till  after  the  expiration  of 
twelve  months  from  the  rendition  of  such  judgment;  or 
till  after  a  decision  in  favor  of  the  original  plaintiff,  upon 
a  writ  of  error  or  petition  for  a  new  trial,  brought  within 
twelve  months  as  aforesaid. 

SECT.  13.  And  in  every  case,  where  it  appears  that  New  trial 
Ihe  defendant  had  not  actual  notice  of  the  suit,  or  a  rea-  when  defend- 


aonable  opportunity  to  appear  and  make  his  defence,  the 
court  may,  on  petition,  grant  him  a  new  trial,  if  they 
find  he  had  just  ground  of  defence. 

SECT.  14.  In  actions  on  joint  securities,  where  all  the  Semceinac 
defendants  are  not  inhabitants  of  this  state,  the  service  of  tions  on  joint 
the  process  upon  such  of  the  defendants  as  are  inhabit-  contracts. 
ants  of  this  state,  shall  be  sufficient  notice  to  maintain  the 
suit  against  all  the  defendants.     And  if  any  of  the  de- 
fendants, on  whom  the  process  was  not  served,  shall  be 
aggrieved  by  the  judgment,  he  may  be  relieved  by  a  new 
trial,  which  the  court  is  impowered  to  grant,  upon  a  pe- 
tition for  the  same,  if  they  shall  find,  that  the  defendant 
has  just  cause  of  defence. 

SECT.  15.  When  a  suit  is  brought  before  a  justice  of  t^uS"? 
the  peace,  against  a  defendant  who  is  an  inhabitant  of  the  peace. 


40  Title  2.    Actions  Civil 

the  state,  but  is  absent  at  the  commencement  of  the  suit, 
and  does  not  return  before  the  trial,  such  action  shall 
be  adjourned  a  reasonable  time,  not  less  than  one  month, 
nor  more  than  nine  months,  to  give  an  opportunity  for 
the  defendant  to  return,  or  to  send  notice  to  him. 

SECT.  16.  When  a  suit  is  brought  before  a  justice  of 
the  peace,  against  a  defendant  who  is  not  an  inhabitant 
or  resident  of  this  state,  and  actual  notice  is  not  given  to 
him,  the  action  shall  be  adjourned  for  a  term  not  less 
than  three,  nor  more  than  nine  months. 

When  defend-       SECT.  17.  In  all  cases  where  a  judgment  shall  be  ren- 
a.nt  h?s  D°  no-  dered,  by  a  justice  of  the  peace,  against  a  defendant, 

befoVeVustires   wh°  is  absent  from  the  state  ti]1.  after  the  time  of  the  tri' 
of  the  peace,     al,  and  has  no  notice  of  the  suit,  he  may  apply  to  the 
county  court     county  court,  in  the  county  where  the  judgment  is  ren- 
t3SrantneW  dered,  f°r  a  new  trial;  which  court  is  empowered  to 
grant  the  same,  and  to  proceed  to  final  judgment  there- 
in, if  the  defendant  shall  make  it  appear,  that  the  judg- 
ment was  wrongfully  obtained  against  him,  and  that  he 
has  a  good  ground  of  defence  ;  which  application  shall 
be  made  within  six  months  after  his  return  into  this  state. 
and  within  three  years  from  the  rendition  of  the  judgment. 
Appearance  of       SECT.  18.   If  the  plaintiff",  in  an  action  returned  to  any 
plaintiff.  court,  and  entered  in  the  docket,  on  being  called  three 

times  after  twelve  o'clock  on  the  first  day  of  the  sitting 
of  the  court,  shall  not  appear,  either  by  himself  or  attor- 
ney, to  prosecute  the  action,  he  shall  be  nonsuited,  and 
pay  cost  to  the  defendant,  and  for  entering  the  action, 
as  if  it  had  been  prosecuted  in   said  court.     And  the 
plaintiff,  in  all  actions  brought  to  any  court,  shall  have 
Withdraw  or    liberty  to  withdraw  the  same,  or  become  nonsuit,  before 
nonsuit.  the  juiy  have  given  in  their  verdict ;  in  which  case  he 

shall  pay  cost  to  the  defendant,  and  may  bring  a  new 
new  suit ;  such  withdraw  or  nonsuit  having  been  first  re- 
corded. 

Nameofattor-  SECT.  19.  In  all  actions,  brought  by  any  person,  who 
ney  to  be  en-  is  not  an  inhabitant  of  this  state,  to  any  court  in  this  state, 
tered,  if  plain-  the  derk  of  guch  CQurt  ghall  t  •  the  record  of  ^ 
tiff  is  uot  in- 
habitant of  cause,  the  name  of  the  attorney,  by  whom  such  stranger 
the  state.  appeared ;  jvhich  record  shall  be  good  evidence,  that 

such  attorney  was  the  lawful  attorney  of  such  stranger. 
New  bond  of         SECT.  20.  In  any  action,  where  bond  for  prosecution 

fheiTto1'!!?      is  not  given  at  the  time  °f Praying  out  the  writ,  or  where 
given.  the  bond  taken  is  insufficient,  the  court,  or  justice  of 

the  peace,  before  whom  the  same  is  brought,  on  motion 
of  the  defendant,  and  on  satisfactory  proof  that  the  plain- 
tiff, or  his  surety,  is  not  able  to  pay  the  bill  of  cost  that 
may  be  recovered  in  the  suit,  shall  order  the  plaintiff  t» 
give  a  bond,  with  sufficient  surety,  to  prosecute  his  ac- 


Title  2.     Actions  Civil  41 

tion  to  effect,  and  pay  all  damages  in  case  he  make  not 
his  plea  good,  before  proceeding  to  trial  of  the  same  ;  and 
if  the  plairitiffshall  neglect  or  refuse  to  give  such  bond,  he 
shall  be  nonsuited. 

SECT.  21.  All  suits  wherein  the  title  to  land  is  to  be  Venue, 
tried  and  determined,  and  all  actions  of  trespass  quart 
dmtsitrnfregit,  shall  be  brought:  and  tried  in  the  county 
where  the  land  lies  :  and  all  other  actions,  which  may  be 
brought  before  the  superior  or  county  courts,  shall  be 
brought  and  tried  in  that  county,  where  the  plaintiff  or 
defendant  dwells,  if  they,  or  either  of  them,  are  inhab- 
itants of  this  state  :  but  if  neither  of  them  are  inhabitants 
of  this  state,  then  the  action  shall  be  brought  and  tried  in 
the  county  where  the  defendant  is,  when  the  suit  is  com- 
menced, or  where  the  estate  is,  which  is  attached,  if  the 
defendant  is  not  within  this  state. 

SECT.  22.  All  actions  cognizable  by  a  justice  of  the 
peace,  shall  be  brought  and  tried  in  those  towns  where  the 
p  laintiff  or  defendant  dwells  :  but  if  there  be  no  justice  of 
the  peace  in  either  of  said  towns,  who  can  lawfully  trj 
the  cause,  then  the  plaintiff  may  bring  his  suit  before  a 
justice  of  the  peace  in  one  of  the  towns  next  adjoining  to 
the  place  of  his  abode. 

SECT.  23.  All  causes  wherein  the  title  to  land  is  not  Jurisdiction  of 
concerned,  and  wherein  the  debt,  trespass,  damage  or  Justices  of  the 
other  matter  in  demand,  does  not  exceed  thirty-five  dol-  peace- 
lars,  shall  be  heard  and  determined  by  a  justice  of  the 
peace :  provided  that  in  all  cases  where  the  sum  demand- 
ed shall  exceed  seven  dollars,  except  in  actions  on  notes 
or  bonds,  vouched  by  two  witnesses,  and  given  for  money 
only,  an  appeal  shall  be  allowed  to  the  next  county  court:  Appeal, 
and  when  an^appeal  shall  be  allowed  by  a  justice  of  the 
peace,  to  the  county  court,  the  party  so  appealing,  shall 
give  sufficient  bond,  with  surety,  to  the  adverse  party,  to 
prosecute  such  appeal  to  effect,  and  to  answer  all  dama- 
ges in  case  he  make  not  his  plea  good. 

SECT.  24.  When  any  plea  shall  be  made  in  abatement  Abatement, 
of  any  writ  or  process,  before  the  superior  or  county 
court,  or  before  a  justice  of  the  peace,  if  it  be  ruled  in 
favour  of  the  defendant,  the  plaintiff  shall  have  liberty  to 
amend  the  defect,  on  paying  to  the  defendant  his  cost  to  Amendment, 
that  time  ;  and  then  to  proceed  in  the  same  manner  as  he 
might  have  done,  had  there  been  no  defect  in  the  writ : 
and  in  case  the  defendant  appeal  from  a  judgment  ren-  Appeal  on  plea 
dered  on  a  plea  in  abatement,  and  shall  not  make  good  of  abatement. 
his  plea,  by  the  judgment  of  the  court  to  which  he  ap- 
peals, he  shall  be  liable  to  pay  cost,  and  execution  shall 
IM  te  against  him  for  the  same,  though  the  cause  suall 
finally  be  decided  in  his  favour. 
6 


42 


Title  2.     Actions  Civil 


If  single  wo- 
mar.  plaintiff 
marries,  writ 
not  to  abate. 


Not  to  abate 
for  circum- 
stantial de- 
fects. 


Executors  and 
administrators 
may  enter  for 
plaintiff,  or  be 
made  defend- 
ants. 


Scire-facias. 


Survivor  of 
actions. 


Pleading*. 


General  issue. 


* 


SECT.  25.  No  action  commenced  by  a  single  woman, 
who  intermarries  daring  the  pendency  thereof,  shall  abate 
on  account  of  such  intermarriage,  provided  the  -husband 
shall  appear  in  court,  and  cause  such  marriage  to  be  sug- 
gested on  the  record  ;  and  he  may  then  proceed  in  the 
same  manner,  as  if  the  suit  was  commenced  after  such 
intermarriage. 

SECT.  26.  No  writ,  pleading,  judgment,  or  any  kind  of 
proceeding  in  court,  or  course  of  justice,  shall  be  abated, 
suspended,  set  aside  or  reversed,  for  any  kind  of  circum- 
stantial errors,  mistakes  or  defects,  if  the  person  and  the 
cause  may  be  rightly  understood  and  intended  by  the 
court. 

SECT.  27.  When  any  action  shall  be  pending  in  any 
superior  or  county  court,  and  the  plaintiff,  before  final 
judgment,  shall  die,  the  same  shall  not  abate,  if  it  might 
originally  have  been  prosecuted  by  his  executor  or  ad- 
ministrator ;  and  in  such  case,  the  executor  or  adminis- 
trator may  enter  their  names  in  the  suit,  if  they  see 
cause,  and  prosecute  the  same.  And  if  the  defendant, 
while  the  action  is  pending  in  court,  and  before  final 
judgment,  shall  die,  the  same  shall  not  abate,  if  it  might 
originally  have  been  prosecuted  against  his  executor  or 
administrator :  and  the  plaintiff,  or  his  executor  or  ad- 
ministrator, may  have  a  writ  of  scire-facias  against  the 
executor  or  administrator  of  such  deceased  defendant,  to 
shew  cause  why  judgment  should  not  be  rendered  against 
them ;  which  being  served  at  least  twelve  days  before 
the  sitting  of  the  court,  to  which  the  same  is  returnable^ 
and  returned,  the  action  shall  proceed  to  final  issue,  ac- 
cording to  law. 

SECT.  28.  In  any  action  pending  before  a  court,  if 
there  be  two  or  more  plaintiffs  or  defendants,  and  one  or 
more  of  them  die,  before  final  judgment,  if  the  causeof  ac- 
tion survive  to  the  surviving  plaintiff  or  plaintiffs,  or 
against  the  surviving  defendant  or  defendants,  the  writ 
or  action  shall  not  abate  :  but  such  death  being  suggested 
on  the  record,  the  action  shall  proceed. 

SECT.  29.  The  parties  shall  make  their  pleas,  and  join 
issue,  according  to  the  rules  and  orders  established  by  the 
court ;  and  in  case  the  plaintiff  shall  refuse  to  obey  the 
order  of  the  court  in  pleading,  he  may  be  nonsuited ;  and 
in  case  the  defendant  will  not  make  his  plea  or  join  issue, 
judgment  may  be  rendered  against  him  upon  nihil  dicit. 

SECT.  30.  The  general  issue  of  not  guilty,  owe.  nothing, 
did  not  assume  and  promise,  no  wrong  or  disseisin,  or 
any  other  general  plea  proper  to  the  action,  whereby  the 
whole  declaration  is  put  in  proof,  according  to  the  na- 
ture of  the  action,  may  be  made  by  the  defendant : 


Title  2.     Jettons   Civil.   .  43 

under  which  general  plea,  the  defendant  shall  have 
liberty,  on  the  trial  of  the  cause,  to  give  his  title  in  evi- 
dence, or  any  special  matter  in  his  defence  and  justifica- 
tion, according  to  the  nature  of  the  action  ;  excepting 
only  a  discharge  from  the  plaintiff,  or  his  accord,  or  some 
special  matter,  whereby  the  defendant,  by  the  act  of  the 
plaintiff,  is  saved  or  acquitted  from  the  plaintiff's  demand  in  . 
the  declaration  ;  provided,  that  the  defendant  shall  not 
give  in  evidence,  under  the  general  issue,  any  special 
matter,  which,  by  the  rules  of  the  common  law,  ought  to 
be  pleaded  specially,  unless  at  the  time  of  making  his 
plea,  he  gives  notice  thereof  in  writing,  stating  such  spe- 
cial matter.  (3) 

SECT.  31.  It  shall  be  lawful  for  the  defendant,  in  any  Pleading 
suit,  to  plead,  by  special  leave  of  the  court,  as  many  doub'e- 
several  matters,  by  distinct  pleas,  as  he,  shall  think  neces- 
sary for  his  defence.  If  any  such  matter  or  plea  shall, 
upon  demurrer  joined,  be  judged  insufficient,  cost  may 
be  given  to  the  plaintiff,  at  the  discretion  of  the  court, 
though  the  other  issue  or  issues  may  be  decided  in  favor 
of  the  defendant.  If  a  verdict  shall  be  found,  on  any 
issue  joined  in  the  cause,  in  favor  of  the  plaintiff,  costs 
shall  be  allowed  to  him,  though  on  some  other  issue, 
the  defendant  should  be  entitled  to  judgment  ;  unless  the 
court  that  tried  such  issue,  shall  be  of  opinion,  that  the 
defendant  had  probable  cause  to  be  plead  such  matter, 
which,  upon  the  issue,  has  been  so  found  against  him. 
And  in  actions  of  replevin,  where  the  defendant  makes 
avowry,  the  plaintiff  shall  have  right  to  plead  double,  in 
the  same  manner  as  the  defendant  in  other  cases,  and 
shall  be  governed  by  the  same  principles. 

SECT.  32.  In  all  actions,  brought  for  the  recovery  of  Set-off 
a  debt,  before  any  court  in  this  state,  wherein  the  plaintiff 
lives  or  resides  out  of  this  state,  or  is  a  bankrupt,  or  insol- 
vent, and  where  there  shall  be  mutual  debts  between  the 
plaintiff  and  defendant  in  such  action,  one  debt  may  be 
set  off  against  the  other,  and  such  matter  may  be  given  in 
evidence,  under  the  general  issue,  or  pleaded  in  bar  :but 

(3)  la  1720,  an  act  was  passed,  giving  or  an  accord,  or  some  special  matter, 
the  defendant  liberty,  under  the  general  ivhereby  the  defendant,  by  the  act  of  the 
issue,  to  give  any  special  matter  in  evi-  plaintiff,  was  acquitted  from  his  demand, 
deuce,  except  what  could  fairly  be  plead-  In  this  accidental  manner,  a  valuable  im- 
ed  as  a  justification.  This  WHS  nearly  provement  was  introduced.  As  the  plain- 
according  to  the  common  law,  and  intro-  tiff  may  be  surprised,  by  the  defpiice  of 
duced  no  alteration  ;  but  many  disputes  the  defendant,  a  rule  was  established  by 
having  arisen,  the  legislature,  to  prevent  the  supreme  court  of  errors,  requiring 
them,  passed  an  act  in  1731,  declaring,  notice  to  be  given  in  the  superior  court  of 
that  the  defendant,  under  the  general  the  special  matter  intended  to  be  given  in 
issue,  should  be  allowed  to  give  his  title  evidence,  if  required,  by  the  common  law, 
in  evidence,  or  any  other  matter  in  his  to  be  pleaded  specially.  This  rule  is  now 
justification,  excepting  only  a  discharge,  extended  to  all  courts. 


44  Title  2,     Actions  Civil 

such  matter  shall  not  be  given  in  evidence  as  aforesaid, 
unless  notice  be  given,  at  the  time  of  pleading,  to  such 
action,  of  the  debt  intended  to  be  set  off,  and  on  what  ac- 
count it  has  become  due :  and  no  debt,  claimed  by  assign- 
ment, shall  be  set  off,  unless  the  plaintiff  had  notice,  at 
the  time  of  the  commencement  of  the  action,  that  such 
debt  was  due  to  the  defendant.  And  in  every  action, 
wherein  the  defendant  shall  claim  a  set-off  as  aforesaid, 
and  it  shall  appear  upon  the  trial,  that  the  plaintiff  in 
such  action  is  indebted  to  the  defendant,  the  court,  before 
whom  the  trial  shall  be,  shall  give  judgment  for  the  de- 
fendant, to  recover  the  same  of  the  plaintiff,  with  his  cost : 
provided,  that  no  justice  of  the  peace  shall  give  judgment 
for  the  recovery  of  such  balance,  where  the  same  shall 
exceed  the  sum  of  thirty-five  dollars. 

Amendment.  SECT.  33.  The  plaintiff  may  amend  any  defect,  mis- 
take or  informality  in  the  writ  or  declaration,  without 
cost,  within  the  three  first  days  of  the  term  of  the  court 
to  which  it  is  returnable  ;  and  at  any  time  afterwards,  on 
the  payment  of  cost,  at  the  discretion  of  the  court ;  pro- 
vided such  amendment  shall  not  change  the  form  or 
ground  of  the  action  :  and  the  defendant  shall  have 
reasonable  time  to  answer  the  same.  (4) 

SECT.  34.  The  parties  respectively,  shall  have  liberty 
to  amend  any  defect,  mistake,  or  informality  in  the  plead- 
ings, or  other  parts  of  the  records  or  proceedings.  When 
either  party  shall  suppose,  that  in  any  part  of  the  plead- 
ings, he  has  missed  the  ground  of  his  plea,  and  that  he 
can  plead  a  different  plea,  that  will  save  him  in  his  cause, 
he  shall  have  liberty  to  change  such  plea,  replication  or 
rejoinder,  as  the  case  may  be,  and  plead  anew  :  and  the 
other  party  shall  have  reasonable  time  to  answer  the 
same.  And  in  all  cases  when  a  party  amends  or  alters 
any  part  of  the  pleadings,  or  pleads  anew,  if  it  shall  occa- 
sion any  delay  in  the  trial,  or  inconvenience  to  the  other 
party,  he  shall  be  liable  to  pay  cost,  at  the  discretion  of 
of  the  court.  And  all  courts  shall  have  power  to  restrain 
the  amendment  and  alteration  of  pleas,  so  far  as  may  be 

(4)    In    1724,    a  «tatute   was   passed,  ment.     As  the  declaration  accompanied 

authorising  the  plaintiff  to  amend  his  writ,  the  writ,  the  plaintiff  was  often  subjected 

upon  the  payment  of  cost,    when  it   had  to  great  inconvenience,  and  lost  the  benefit 

been  abated.     But  in  practice,  the    law  of  his  action,  by  mistakes  that   occurred 

was  confined    to  the   amendment  of  such  in  the  hurry  of  drawing  writs;  and  which 

defects  only  as  were  taken  advantage   of  were  susceptible  of  amendment.     A  prac- 

by  abatement:  and    whenever  there  was  tice  so   manifestly  wrong,  required    tc  be 

a  deiect,  which  could  be  taken  advantage  corrected  ;    and  in  1794.  an   act  was  pas- 

of,  in  any  other  stage  of  the  cause,  as  on  sed,  authoiising  amendments,   which  has 

demurrer,  or  as  a  ground  of  variance,  the  since  been  moulded  into  the  present  shape, 

conrts  would  never   permit  any   amend-  See  1  Day>  206.    3  Day,  315.  4  Day,  37 


Title  2.     .Actions  Civil.  45 

necessary  to  compel  the  parties  to  join  issue  in  a  reason- 
able time  fgr  trial. 

SECT.  35.  All  actions  in  the  superior  and  county  courts,  Trial  of  issue 
where 'an  issue  is  joined  on  any  matter  of  fact,  shall  be  ™  fact>  by 
tried  by  a  jury  of  twelve  men  of  the  neighbourhood,  qual-  J  ^' 
ified,  empanneled,  and  sworn  according  to  law.  (5) 

SECT.  36.  The  civil  authority,  select-men,  constables  and  Jurors,  how 
grand-jurors  in  the  several  towns,  shall,  some  time  in  the  cnosea- 
month  of  January,  annually,  meet  and  choose,  by  ballot, 
to  serve  as  jurors  in  the  county  and  superior  courts,  in 
the  county  to  which  such  towns  belong,  such  number  of 
their  able  and  judicious  freeholders  as  is  prescribed  by 
law,  each  of  which  shall  have  a  freehold  estate,  set  in  the 
the  list  at  nine  dollars  or  more.  There  shall  be  a  box 
provided  in  the  several  towns,  at  the  cost  of  the  town, 
with  a  lock  to  it,  and  lodged  in  the  hands  of  the  town- 
clerk  ;  and  when  the  jurors  are  chosen  as  aforesaid,  the 
town-clerk  shall  write  each  man's  name,  so  nominated,  on 
a  piece  of  paper  by  itself,  and  put  the  several  names,  so 
written,  in  the  said  box,  and  keep  the  same,  locked,  in  his 
hands,  that  the  said  names  may  be  drawn  as  is  hereafter 
provided. 

SECT.  37.  At  some  convenient  time  before  the  sit-  Jurors,  how 
ting  of  the  aforesaid  courts,  the  clerks  of  the  same  shall 
summon  fifteen  jurors  to  attend  such  courts,  and  shall  is- 
sue warrants  directed  to  either  of  the  constables  of  the 
several  towns,  or  some  of  them,  in  the  county  in  which 
the  court  is  to  be  held,  to  summon  and  warn  so  many 
able,  judicious  and  lawful  freeholders  of  the  town  as  their 
warrant  directs,  to  attend  and  serve  as  jurors  at  such 
court ;  and  such  constable  shall  repair  to  the  town-clerk, 
and,  in  his  presence,  (or  in  case  of  his  absence)  in  the 
presence  of  one  of  the  select-men  of  such  town,  or  a 
justice  of  the  peace,  draw  out  of  the  box  aforesaid,  the 
number  his  warrant  directs  him  to  summon,  without  see- 

(5)  The  trial  by  jury  was  brought,  by  son  should  be  tried  for  a  crime  extending 
our  ancestors,  from  their  native  land.  In  to  life  or  banishment,  but  by  a  special  jury, 
the  revised  code  of  1672,  it  was  provided,  summoned  for  that  purpose,  consisting  of 
that  all  causes,  where  the  debtor  damage  twelve  able  and  judicious  men,  who 
exceeded  forty  shillings,  should  be  tried  by  should  all  agree  in  their  verdict.  In  the 
a  jury  of  twelve  men,  who  should  find  the  revision  of  1702,  the  court  have  power 
matter  of  fact,  with  the  damages  and  to  send  the  jury  to  a  second  and  third  con- 
costs,  and  the  judges  should  declare  the  sideration;  and  the  law  has  so  continued 
sentence,  or  direct  the  jury  to  find  ac-  ever  since.  The  excellent  mode,  now  in 
cording  to  law,  with  power  to  return  them  force,  of  appointing  and  returning  jurors, 
to  a  second  consideration;  and  if  they  first  appears  in  the  revision  of  I7o0.  la 
persisted  in  their  former  opinion,  to  the  the  revision  of  1672,  the  jury  are  to  be 
dissatisfaction  of  the  court,  to  impannel  an-  summoned  from  the  neighboring  towns: 
other  jury,  and  commit  the  consideration  and  in  the  revision  of  170'2,  it  is>  requir- 
of  the  cause  to  them  *•  and  to  vary  and  al-  ed  that  the  jury  should  con<<is,i  of  twelve 
ter  the  damages  given  in,  by  any  jury,  as  men,  each  of  whom  should  have  a  fieehold 
they  should  judge  most  equal  and  right-  estate,  worth  forty  shillings  yer«nnum,  or 
flous.  it  was  also  provided,  that  no  per-  fifty  pounds  personal  estate  in  the  county 


46 


Title  2.     Actions  Civil 


Return  of 

warrant. 


Additional 
jurors,  how 
summoned. 


Jurors,  how 
designated. 


Penalty  for 

non- attend - 


Tales-men. 


Process  for 
witnesses. 


ing  the  names  he  draws  before  he  draws  them  ;  and  shall 
then  summon  for  jurors,  those  men  whose  names  he  ha» 
so  dra\vn. 

SECT.  38.  But  if  any  or  all  whose  names  are  so  drawn, 
shall  be.  at  the  time,  dead,  others  in  his  or  their  room  shall 
be  drawn  and  summoned  as  aforesaid.  And  the  constable 
shall  make  timely  return  of  his  warrant  to  the  clerk  that 
issued  the  same,  with  an  indorsement  certifying  whom  he 
has  summoned  for  the  purpose  aforesaid,  on  pain  of  for- 
feiting to  the  treasury  of  the  county,  a  sum  not  exceeding 
five  dollars,  at  the  discretion  of  the  judges  of  the  court ; 
unless  such  constable  shall  seasonably  make  his  excuse  to 
the  acceptance  of  said  court. 

SECT.  39.  And  if  any  of  the  jurors,  summoned  as  afore- 
said, do  not  appear,  or  shall,  for  any  cause,  be  excused 
from  attending  court,  the  court  may,  at  their  discretion, 
from  time  to  time,  direct  the  clerk  to  issue  a  warrant  or 
warrants,  to  summon,  in  manner  as  aforesaid,  additional 
jurors,  so  as  to  prevent,  as  far  as  may  be  consistent  with 
the  convenient  dispatch  of  business,  the  necessity  of  fill- 
ing up  the  pane!  of  jurors  with  the  names  of  persons  not 
designated  and  summoned  as  aforesaid. 

SECT.  40.  The  clerks  of  said  courts,  respectively,  in 
empanneling  the  jury  for  the  trial  of  each  cause,  shall, 
when  more  than  twelve  jurors  are  attending,  as  aforesaid, 
designate,  by  lot,  the  names  of  those  who  shall  compose 
the  ;anel  of  jurors. 

SECT.  41.  If  any  juror  chosen,  drawn  and  summoned 
as  aforesaid,  shall  make  default  of  appearance,  accord- 
ing to  the  direction  of  the  warrant,  he  shall  forfeit  to 
the  treasury  of  the  county  wherein  he  dwells,  the  sum  of 
two  dollars,  unless  the  court,  on  hearing  the  excuses  made 
in  his  behalf,  shall  judge  them  sufficient. 

SECT.  42.  If  a  sufficient  number  of  jurors,  summoned 
as  aforesaid,  do  not  appear,  or  if,  by  reason  of  challenges, 
or  some  other  cause,  there  shall  not  be  a  sufficient  num- 
ber of  lawful  men  to  make  up  the  panel,  the  court  may 
order  the  sheriff  to  return  such  number  of  good  and 
lawful  freeholders  of  the  county,  as  may  be  necessary 
for  that  purpose ;  and  when  the  sheriff  is  interested,  or 
related  to  either  of  the  parties,  the  court  may  direct  the 
constable,  or  such  officer  as  they  shall  appoint,  to  make 
such  return  :  which  jurors,  being  so  returned,  shall  per- 
form the  duty  required  of  them,  on  the  same  penalty  as 
is  inflicted  on  those  who  make  default  of  appearance ; 
and  when  the  jury  are  empanneled,  they  shall  take  the 
oath  prescribed  by  law. 

SECT.  43.  The  parties  shall  have  process  of  subprena 
or  summons,  signed  by  the  clerk  of  the  court,  or  a  justice 


Title  2.    Actions  Civil.  47 

»f  the  peace,  to  be  served  by  an  officer,  or  indifferent 
person,  to  bring  their  witnesses  into  court ;  and  if  any 
person,  upon  whom  a  subpoena  shall  be  served  to  appear, 
and  testify  in  a  cause  pending  before  any  court,  and  to  . 
whom  one  day's  attendance  and  fees  for  travelling  to 
court  have  been  tendered,  shall  neglect,  or  refuse  to  ap- 
pear and  testify,  without  reasonable  excuse,  he  shall  for- 
feit five  dollars,  and  pay  all  damage  to  the  party  aggriev- 
ed, to  be  recovered,  by  a  proper  action,  in  his  name  :  and 
it  shall  be  lawful  for  the  court,  on  due  proof  of  the  service 
of  the  subpoena,  and  the  tender  of  the  fees  as  aforesaid, 
to  issue  a  capias,  directed  to  some  proper  officer,  to  arrest  CaP>a«- 
such  witness,  and  bring  him  before  the  court  to  testify. 

SECT.  44.  When  any  witness,  in  a  civil  cause,  lives  out  Depositioni, 
•f  the  state,  or  more  than  twenty  miles  from  the  place  when  and  how 
of  trial,  is  going  to  sea,  or  out  of  the,  state,  or  by  age,  taken- 
nickness  or  bodily  infirmity,  is  unable  to  travel  to  court, 
or  is  confined  in  gaol  on  legal  process,  his  deposition 
may  be  taken,  by  a  justice  of  the  peace ;  provided  reason- 
able notice  shall  be  given  to  the  adverse  party,  or  his 
known  agent  or  attorney,  if  either  of  them  live  within 
twenty  miles  of  the  place  of  caption,  or  left  at  his  usual 
place  of  abode,  to  be  present  at  the  time  of  taking  such 
deposition;  and  depositions  may  be  taken  in  any  other 
state  or  country,  by  a  magistrate,  having  power  to  ad- 
minister oaths.  And  the  witness  shall  be  cautioned  to 
speak  the  whole  truth,  shall  be  carefully  examined,  shall 
subscribe  his  deposition,  and  make  oath  to  it,  before  a 
justice  of  the  peace,  who  shall  attest  the  same,  certify 
that  the  adverse  party,  or  his  agent,  was  present,  (if  so) 
or  that  he  was  notified,  if  living  within  twenty  miles  ;  who 
shall  also  certify  the  reason  of  taking  such  deposition  ; 
shall  seal  it  up  ;  direct  it  to  the  court  where  it  is  to  be 
used ;  and  deliver  it,  if  desired,  to  the  party  at  whose 
request  it  was  taken. 

SECT.  45.  The  party,  his  attorney,  or  any  person  in-  Nottobewrit- 
terested,  shall  not  write,  draw  up,  or  dictate  any  deposi-  ten,  by  any 
tion  :  and  every  deposition  so  drawn  up,  or  that  shall  be  Pers°n  inter- 
returned  to  the  court  unsealed,  by  any  other  hand  than  ested< 
that  of  the  justice  of  the  peace  who  took  it,  or  the  seal  of 
which  shall  be  broken,  shall  be  rejected  by  the  court. 

SECT.  46.  Every  justice  of  the  peace  shall  have  power  Wl-tnesse 
to  issue  a  subpoena,  upon  request,  for  the  appearance  of  hov/r^mpelled 
any  witness  before  him  in  a  civil  cause,  where  he  is  bound  to  give  deposi- 
to  sea,  is  going  out  of  the  state,  or  lives  more  than  twenty  tions> 
miles  from  the  place  of  trial ;  and  to  take  his  deposition, 
the  adverse  party,  or  his  agent,  being  present,  or  duly 
notified,  if  living  within  twenty  miles  of  the  place  of 
cmption  :  and  if  such  witness  should  refuse  to  appear,  the 


48  Title  2.     Actions  Civil 

justice  of  the  peace  may  issue  a  capias,  and  cause  him  to 
be  brought  before  him  ;  and  if  he  shall  refuse  to  give  his 
deposition,  the  justice  of  the  peace  may  commit  him  to 
prison,  till  he  will  comply.  And  in  like  manner,  the  de- 
positions of  witnesses  living  in  this  state,  may  be  taken, 
to  be  used  as  evidence  in  a  suit  depending  in  any  court  of 
judicature  in  any  other  of  the  United  States,  on  applica- 
tion of  either  of  the  parties  to  such  suit. 

Depositions,  SECT.  47.  The  clerks  of  the  several  county  and  su- 
how  opened,  perior  courts  shall  have  power  to  open  any  deposition 
directed  to  the  courts  of  which  they  are  respectively 
clerks,  either  in  vacation,  or  during  the  session  of  the 
court,  in  open  court,  or  elsewhere,  as  may  be  conven- 
ient. 

Commissions  SECT.  48.  Either  judge  of  the  superior  court,  when  the 
to  take  depo-  court  is  not  in  session,  shall  have  power,  when  necessary, 
to  issue  a  commission  to  take  the  deposition  of  any  per- 
son or  persons,  resident  out  of  this  state,  to  be  used  in  a 
cause  pending  before  such  court,  notice  being  given  to 
the  adverse  party  to  appear  before  such  judge  ;  and  the 
chief  judge  of  each  county  court,  shall  have  the  same 
power,  when  the  court  is  not  in  session,  on  giving  notice 
to  the  adverse  party,  if  the  deposition  is  to  be  used  in  a 
cause  pending  before  the  county  court,  of  which  he  is 
judge. 

Exemplifica-         SECT.  49.  An  exemplification  by  the  secretary  of  this 
tion  of  laws  of  state,  of  the  laws  of  the  several  states  in  the  United  States, 
other  states,     which  have  been,  or  shall  hereafter  be,  transmitted,  by 
a  nussi   e.       or^er  of  the  executives  or  legislatures  of  the  same,  to 
the  governor  of  this  state,  and  by  him  deposited  in  the 
office  of  the  said  secretary,  shall  be  admissible  in  evi- 
dence, in  any  court  in  this  state. 

Printed  stat-  SECT.  50.  The  public  statutes  of  the  several  states  in 
?tete?admiMi-  the  United  States,  printed  by  authority  thereof,  shall  be 
ble.  "  legal  evidence  ;  and  the  courts  shall  take  notice  of  them 

judicially. 

Sworn  copies.  SECT.  51.  When  the  clerk  of  any  court,  town,  society 
or  corporation  is  absent,  or  is,  by  sickness,  or  otherwise, 
unable  to  perform  the  duties  of  his  office,  the  files,  records, 
votes  and  proceedings  of  such  court,  town,  society  or 
corporation  may  be  proved  in  any  court  of  law,  by  copies 
examined  and  sworn  to,  by  credible  witnesses. 

Certified  co-  SECT.  52.  In  all  public  offices  and  corporations,  where 
entries  or  records  are  made  of  their  acts,  votes  and  pro- 
ceedings, by  some  officer  appointed  for  that  purpose,  a 
copy  thereof,  certified  under  the  hand  of  such  officer, 
and  the  seal  of  such  office  or  corporation,  (if  there  be 
any)  shall  be  legal  evidence:  and  if  any  such  officer 
shall,  knowingly,  make  a  false  certificate,  he  shall  be 
punishable  in  the  same  manner  as  if  guilty  of  perjury. 


Title  2.     Actions  Civil.  49 

53.     It  shall  be  competent  for  all  corporations,  Private  corpo- 
created  by  private  acts,  in  suits  where  their  corporate  dechu-e'  and*0 
rights  are  concerned,  to  declare  and  plead  in  the  same  plead, 
manner,  as  if  erected  by  public  acts. 

SECT.  54.  It  shall  be  the  duty  of  the  court  to  decide  Direction    of 
all  questions  of  law  arising  in  the  trial  of  a  cause,  and  in  ?ourt    to  the 
committing  the  cause  to  the  jury,  to  direct  them  to  find  jurj 
accordingly  ;  and  to  submit  all  questions  of  fact  to  the  ju- 
ry, with  such  observations  as  they  may  think  proper  on 
the  evidence,  for  their  information,  without  any  direction 
how  they  shall  find  the  facts. (6)    After  the  cause  is  com- 
mitted to  the  jury,  no  pleas,  arguments  or  evidence  shall 
be  received,  before  the  verdict  is  returned  into  court  and 
recorded. 

SECT.  55.  The  court  shall  determine  questions  of  law,  Special  ver- 
referred  to  them,  by  the  jury,  in  a  special  verdict,  which  dict' 
the  jury  may  give,  when  they  entertain  doubts  respecting 
the  points  of  jaw  arising  in  the  cause,  or  when  the  parties 
request  it :  in  which  special  verdict  they  shall  find  the 
facts,  and  state  the  question  of  law — to  wit — If  the  law  be 
go,  in  such  a  point,  then  we  find  for  the  plaintiff;  but  if 
the  law  be  otherwise,  then  we  find  for  the  defendant. 
And  when  the  jury  find  a  verdict  in  favor  of  the  plaintiff,  Assessment  ot 
they  shall  assess  the  damages  he  shall  be  entitled  to  re-  damase8- 
cover. 

SECT.  56.  The  court  shall  have  power,  if  they  judge  Court  may 
the  jury  have  mistaken  the  evidence  in  the  cause,  and  send  jury  to 
have  brought  in  a  verdict  contrary  to  it,  or  where  they  C°Q" 

have  brought  in  a  verdict  contrary  to  the  direction  of  the 
court  in  a  matter  of  law,  to  return  them  to  a  second  con- 
sideration, and  for  like  reason  shall  have  power  to  return 
them  to  a  third  consideration,  and  no  more. 

SECT.  57.  The  jury,  after  a  cause  has  been  committed  Jury  to  be  un- 
to them,  shall  be  under  the  charge  of  an  officer  appointed 
by  the  court,  who  shall  permit  no  person  to  be  present 
with  them,  or  to  speak  to  them,  when  assembled  for  de- 
liberation :  nor  shall  the  jurors  converse  with  any  person 
but  among  themselves,  relative  to  the  cause  under  con- 
sideration, before  they  have  returned  their  verdict ;  and 

(6)  In  charging  the  jury,  the  former  power  of  directing  the  jury  in  matters  oi 
practice  was,  to  submit  to  them  the  law,  law  This  w:\soauctioned  by  a  rule  of  the 
as  well  as  the  fact,  without  expressing  supreme  court  of  errors,  in  1M07;  and  the 
any  opinion,  or  giving  any  direction  how  mode  of  charging  the  jury,  both  as  to  (In 
to  find  their  verdict.  This  practice  was,  law  and  the  fact,  is  now  so  modified  by 
probably,  co-eval  with  the  government,  the  present  statute,  that  the  court  will 
and  undoubtedly  originated  from  the  pow-  have  the  power  to  sum  up  the  evidence, 
«r  givan  the  court  to  return  the  jury  to  a  explain  the  testimony,  and  direct  the  jury 
further  consideration:  it  continued  till  in  questions  of  law  m  the  manner  best 
•1)307,  (see  3  Day  28.)  when  it  was  chang-  calculated  to  laad  them  to  ft  correct  de- 
ed, and  the  superior  court  exercised  the  termination. 


50 


Title  '2.     Actions  Civil. 


when  they  have  agreed  upon  a  verdict,  they  shall  return 
Misconduct  of  it  to  the  court.(7)  If  any  juror  shall  converse  with  any 
jurors.  person  concerning  the  cause,  except  his  fellows,  while  it 

is  under  consideration,  or  shall  voluntarily  suffer  any 
other  person  to  converse  with  him.  such  verdict,  on  mo- 
tion, may  be  set  aside,  and  the  court  before  whom  such 
action  is  pending,  shall  cause  such  juror  to  come  before 
them,  and  if,  on  due  enquiry,  they  shall  find  him  guilty, 
the  court  shall  inflict  on  him  a  tine  of  seven  dollars,  for 
the  use  of  the  state  ;  and  if  any  juror  shall  be  convicted  a 
second  time  of  such  offence,  he  shall  be  forever  disqualifi- 
ed to  sit  as  a  juror  in  any  case  whatever.  And  if  the  of- 
ficer appointed  to  attend  on  the  jury,  or  any  of  the  jurors, 
shall  be  guilty  of  any  disorderly  conduct,  or  shall  neglect 
and  refuse  to  perform  their  respective  duties,  or  shall  dis- 
obey the  orders  of  the  court,  then  the  court  may  inflict  a 
fine  on  such  officer  or  juror,  not  exceeding  four  dollars. 

SECT.  58.  In  all  actions  pending  before  the  superioi 
and  county  courts,  where  the  parties  shall  join  issue  upon 
any  matter  of  fact,  and  agree  to,  and  do,  put  themselves 
on  the  court,  for  the  trial  of  such  issue,  the  judges  of  such 
court  shall  have  power  to  hear  and  try  the  same,  without 
a  jury,  and  to  award  damages  and  costs,  and  grant  exe- 
cution thereon,  in  the  same  manner,  and  on  the  same 
principles,  as  in  trials  by  jury. 

SECT.  59.  In  all  cases,  where  the  parties  join  in  demur- 
rer, or  in  an  issue  in  law,  the  same  shall  be  heard  and 
determined  by  the  judges  of  the  court:  and  the  court  shall 
render  judgment  on  all  verdicts  of  the  jury,  according  to 
their  finding,  with  cost,  unless  the  same  shall  be  set  aside. 
And  in  all  cases  where  judgment  is  rendered  otherwise 
than  on  verdict,  in  favor  of  the  plaintiff,  the  court  shall 
assess  and  award  the  damages  he  shall  recover. 

SECT.  60.  In  actions  on  penal  bonds,  containing  condi- 
tions, which  have  been  forfeited  and  broken,  the  court, 
or  jury,  when  tried  by  the  jury,  shall  find  and  assess  such 
damages  as  are  justly  and  equitably  due,  and  judgment 
s^a^  not  ^e  rendered  for  the  whole  penalty,  unless  it  ap- 
on  bonds,  the  pearto  be  due.  An<^  if  upon  a  bond  with  conditions,  the 
wUlchDui  Dreacn  of  which  may  happen  at  different  times,  a  suit  be 
h&ppen^&tdif-  Brought  upon  the  first  breach  of  such  conditions,  the 
ferent  times,  court,  upon  the  forfeiture  of  such  bond  found  on  trial. 


Of  officer  or 
jurors. 


Parties  may  a- 
gree  to  try 
issues  in  fact, 
by  the  court. 


Court  to  de- 
cide  issues  in 


Damages  on 
penal  bonds. 


Judgment  up- 


(7)  By  a  statute  in  the  revised  code  of 
1702,  the  jury  were  to  be  confined  in  the 
custody  of  an  office r,  appointed  by  the 
court,  till  they  had  agreed  upon  a  verdict. 
Though  the  statute  would  have  permitted 
the  court  to  confine  the  jury,  in  the  same 
manner  as  in  England,  yet  a  practice  was 
adopted,  to  permit  the  jury  to  adjourn,  to 


separate,  and  to  take  refreshments,  so  as 
to  give  them  a  reasonable  opportunity  to 
consider  the  cause  committed  to  them, 
and  to  agree  upon  their  verdict.  The 
practice  under  the  former  statute  has  been 
sanctioned  by  a  judicial  determination,  and 
the  present  statute  is  made  conformable  to 
it.  1  Conn.  Rep.  402.  n. 


Title  2.     Actions  Civil.  51 

demurrer,  confession,  or  otherwise,  shall  render  judg- 
ment, for  what  is  due  in  equity,  at  the  time,  with  cost, 
and  award  execution  thereon.  And  upon  any  further  or 
other  breach,  or  neglect  of  performance  of  any  other 
particular,  in  the  condition  annexed  to,  or  indorsed  upon 
said  bond,  the  obligee,  his  executors  or  administrators, 
may  take  out  a  scire-facias  against  the  obligor,  his  exec-  Scire-facia? 
utors,  or  administrators,  from  the  clerk  of  the  court  in  *£'££** 
which  the  judgment  was  given,  to  shew  cause  why  exe- 
cution should  not  be  awarded  for  the  money  then  due, 
or  damages  then  sustained  :  and  the  court  shall  render 
judgment  for  what  shall  appear  to  be  due  in  equity,  and 
grant  execution  thereon  ;  and  so  from  time  to  time,  till 
all  the  particulars  mentioned  in  the  condition  are  per- 
formed and  completed  :  provided,  that  the  whole  amount 
of  such  judgment  shall  not  exceed  the  penalty  in  the 
bond,  with  interest. 

SECT.  61.  All  actions,  wherein  the  matter  in  demand  Final  jurisdic- 
does  not  exceed  the  value  of  seventy  dollars,  and  all  ac-  **on  of  the 
tions  brought  on  bond  or  note,  given  for  the  payment  of  €t 
money  only,  vouched  by   two  witnesses,   (except  such 
matters  as  may  be  tried  by  a  justice  of  the  peace)  shall 
be  heard,  and  finally  determined,  by  the  county  court. 

SECT.  62.  In  any  action  brought  to  and  tried  by  the  Appeals  from 
county  court,  wherein  the  title  of  land  is  drawn  in  ques-  county  court, 
tion,  and  determined,  or  wherein  the  debt,  damage,  or 
matter  in  dispute  shall  exceed  the  value  of  seventy  dol- 
lars, (except  it  be  on  bond  or  note,  vouched  by  two  wit- 
nesses,) if  either  party  shall  be  aggrieved  by  the  sen- 
tence or  judgment  of  such  court,  an  appeal  shall  be  al- 
lowed to  the  next  superior  court  in  the  same  county  : 
and  in  actions  of  trespass  quare  clausum,  fregit,  wherein 
the  damages  demanded  shall  be  less  than  seventy  dollars, 
brought  to  the  county  court,  in  which  the  title  of  lands 
shall  be  in  question  betweeen  the  parties,  it  shall  be  the 
duty  of  such  county  court,  on  the  trial  thereof,  to  cause  a. 
record  to  be  made,  that  the  title  of  lands*was  in  question 
in  such  action,  and  thereupon  an  appeal  shall  be  allowed 
to  the  superior  court,  as  in  other  cases  :  and  such  ap- 
peals shall  be  entered  during  the  term  of  the  sitting  of  the 
court  from  whence  they  shall  be  made  ;  and  sufficient 
bond,  with  surety,  shall  be  given,  by  the  party  appealing,  Bond  «n  ap- 
to  the  adverse  party,  to  prosecute  such  appeal  to  effect,  P6*1- 
and  answer  all  damages  in  case  he  make  not  his  plea 
good.  And  all  appeals  to  the  superior  court  shall  be  en- 
tered before  the  second  opening  of  said  court,  and  not  af- 
ter, unless  the  appellant  shall  pay  to  the  appellee  all  hii 
cost  in  such  case  arisen  to  that  time,  which  shall  not  be 
refunded,  however  the  cause  may  eventually  be  determin- 


52  Title  2.     Actions  Civil. 

ed :  which  cost,  being  taxed  and  paid,  the  action  may  be 
entered  by  the  appellant,  before  the  jury  attending  such 
court  are  dismissed,  and  not  after :  and  if  the  appellant 
do  not  enter  his  appeal  before  the  jury  are  dismissed, 
the  appellee  may  enter  the  same  after  the  jury  are  dis- 
missed, and  have  the  judgment  of  the  county  court  affirm- 
ed, with  additional  cost,  and  execution  granted  accord- 
ingly- 

Actions,  when  SECT.  63.  Whenever  an  appeal  is  taken  from  the  coun- 
remanded.  ty  court  to  the  superior  court,  in  an  action  not  appeala- 
ble, the  superior  court  shall  remand  it  to  the  county 
court  from  whence  it  came,  by  appeal,  and  such  county 
court,  on  the  remanding  thereof,  may,  on  motion,  for  any 
just  and  reasonable  cause  appearing,  grant  a  new  trial 
thereon,  or  make  such  order  as  to  justice  shall  appertain. 
And  if  the  superior  court  render  a  judgment  in  a  cause 
appealed  as  aforesaid,  and  the  same  is  brought,  by  way 
of  error  or  complaint,  before  the  supreme  court  of  errors, 
and  is  by  such  court  reversed,  on  the  ground  of  its  not 
having  been  appealable,  it  shall  be  the  duty  of  said  su- 
preme court,  to  remand  the  same  to  the  county  court  as 
aforesaid  ;  and  thereupon  the  said  county  court  may,  on 
motion,  grant  a  new  trial  thereon,  or  make  order  on  the 
same  as  aforesaid. 

Appeal  from  SECT.  64.  In  all  actions  brought  before  any  justice  of 
justices  of  the  the  peace,  demanding  not  more  than  seven  dollars  dama- 
thTneht"?"5  Ses>  charging  the  defendant  with  raising  or  obstructing  the 
water  or  pas-  waters  of  any  stream,  river,  creek,  or  arm  of  the  sea,  by 
»a£;e  is  con-  the  erection  of  any  mill,  dam,  or  other  obstructions,  in 
cerned.  which  the  defendant  shall  justify  the  same,  by  a  special 

plea,  stating  or  alleging  a  lawful  right ;  and  in  all  ac- 
tions brought  before  any  justice  of  the  peace,  demanding 
not  more  than  seven  dollars  damages,  charging  the  de- 
fendant with  an  injury  done  to  land,  in  which  the  defend- 
ant shall  justify  the  same  by  a  special  plea,  stating  or  al- 
leging a  right  of  way  ;  the  party  who  shall  be  aggrieved 
by  the  judgment  of  such  justice  of  the  peace,  shall  be  al- 
lowed an  appeal  to  the  next  county  court,  in  the  same 
county,  on  giving  a  bond,  with  sufficient  surety,  to  prose- 
cute his  appeal  to  effect.  And  the  party  who  shall  be 
aggrieved  by  the  judgment  of  such  county  court,  shall  be 
allowed  an  appeal  to  the  next  superior  court,  in  the  same 
county,  on  giving  bond,  with  sufficient  surety,  to  prosecute 
his  appeal  to  eflect :  and  the  defendant,  in  all  actions  ap- 
pealed as  aforesaid,  shall  not,  without  liberty  of  such 
county,  or  superior  court,  amend,  alter,  or  change  the 
plea  so  made,  before  such  justice  of  the  peace. 

Removal  of          SECT.  65.  When,  in  an  action  of  trespass  quare  clan- 
actions  on        sumfregit,  brought  before  a  justice  of  the  peace,  demand  - 


Title  2.     Actions  Civil.  53 

ing  not  more  than  seven  dollars  damage,  the  defendant  pl«a  of  title 
shall  justify,  by  a  plea  of  title  to  the  land,  a  record  shall  before  justice 
be  made  thereof,  and  the  matter  of  fact  shall  be  taken  to  ° 
be  confessed,  and  the  defendant  shall  become  bound  to 
the  adverse  party,  before  such  justice  of  the  peace,  with 
sufficient  surety,  in  a  recognizance  in  a  sum  not  exceed- 
ing seventy  dollars,  that  he  will  prosecute  his  plea,  and 
enter  such  cause  in  the  next  county  court,  in  the  county 
where  the  land  lies,  and  prosecute  the  same  to  effect,  and 
pay  all  damages  and  cost,  if  he  fails  to  make  his  plea  good: 
and  if  he  neglect  to  give  such  bond,  his  plea  shall  be  re- 
jected, and  the  action  proceed.  And  it  shall  be  the  duty 
of  ,the  defendant,  when  he  has  pleaded  and  given  bond  as 
aforesaid,  to  obtain  certified  copies  of  the  proceedings  be- 
fore the  justice  of  the  peace  ;  for  which  he  shall  pay  the 
same  fees  as  are  paid  to  clerks  of  courts  for  copies,  and 
to  enter  the  same  in  the  docket  of  such  county  court,  be- 
fore the  second  opening  of  the  same ;  and  if  he  should 
fail  to  do  it,  he  shall  be  liable,  on  such  recognizance,  to 
pay  to  the  plaintiff  all  the  damage  he  has  sustained.  And 
if  on  trial,  before  such  court,  he  shall  fail  to  make  out  a 
title  paramount  to  the  title  of  the  plaintiff,  he  shall  pay 
treble  damages  and  cost. 

SECT.  66.  In  all  actions  of  trespass,  and  trespass  on  the  Coats, 
case,  tried  in  any  county  or  superior  court,  if  the  dama- 
ges therein  found,  by  the  verdict  of  the  jury,  or  other- 
wise, shall  not  exceed  seven  dollars,  the  plaintiff  shall  re- 
cover no  more  cost  than  damages,  unless  the  title  of  land, 
the  right  of  way,  or  the  right  to  the  use  of  water,  is  in 
question.  And  in  all  actions  of  assault  and  battery,  and 
of  assault  and  battery  and  false  imprisonment,  and  of  slan- 
der, in  which  the  plaintiff  shall  recover  in  the  superior 
court,  by  verdict  of  the  jury,  or  otherwise,  a  sum  not  ex- 
ceeding seventy  dollars,  he  shall  recover  no  cost,  which 
accrued  by  reason  of  the  appeal :  Provided,  that  when  the 
defendant,  in  any  of  the  actions  aforesaid,  shall  remove 
such  action,  by  appeal,  from  a  justice  of  the  peace  to  the 
county  court,  or  from  the  county  court  to  the  superior 
court,  the  plaintiff,  on  recovering  final  judgment  against 
the  defendant,  shall  recover  his  full  costs  of  suit. 

SECT.  67.  Whenever  two  or  more  suits  or  actions  at  When  no 
law  shall  be  pending  in»  the  same  court,  at  the  same  time,  C09t  *ha"  be 
for  the  recovery  of  the  same  debt,  damage  or  demand  ;  or  a  owe 
whenever  two  or  more  suits  shall  be  pending  before  the 
same  court,  at  the  same  time,  against  two  or  more  offi- 
cers, upon  receipts  for  executions,  arising  from  the  same 
original  judgment,  the  court  before  which  such  suits  shall 
be  pending,  shall  not  tax  or  allow  any  bills  of  costs,  in 
any  such  suit  or  suits,  unless  such  court  shall  be  of  opin-. 


Title  2.     Actions  Civil. 


New  trials, 

w><  r!  !•>  be 
granted. 


ion  that  the  commencement  of  said  several  suits  was  ne- 
cessary to  secure  said  debt,  damages,  or  demand. 

SECT.  68.  The  superior  and  county  courts  shall  and 
may,  from  time  to  time,  as  occasion  may  require,  and  as 
by  them  shall  be  judged  reasonable  and  proper,  grant 
new  trials  of  causes  that  shall  come  before  them,  for  mis- 
pleading, or  discovery  of  new  evidence,  or  for  other  reason- 
able cause,  according  to  the  common  and  usual  rules  and 
methods  in  such  cases.  When  the  superior  court  shall  be  of 
opinion  that  the  verdict  of  the  jury  is  against  the  evidence 
given  in  the  cause,  they  may,  at  their  discretion,  make 
a  statement  of  the  evidence,  and  report  the  same  to  the 
supreme  court  of  errors,  in  the  county  where  such  action 
is  pending,  at  their  next  session  ;  and  if  such  court  shall 
be  of  opinion,  that  the  verdict  is  against  the  evidence  in 
the  cause,  they  shall  have  power,  at  their  discretion,  to 
grant  a  new  trial. (8) 

SECT.  69.  Writs  of  error  maybe  brought  to  the  supe- 
rior court,  from  the  judgments  of  the  county  and  city 
courts,  and  of  justices  of  the  peace,  for  any  error  in  the 
same,  to  be  proceeded  with  according  to  the  course  of 
the  common  law  :  and  when,  on  such  writ  of  error,  the 
judgment  of  the  inferior  court  shall  not  be  reversed,  but 
affirmed,  by  the  superior  court,  the  defendant  shall  re- 
cover cost  against  the  plaintiff:  but  if,  on  such  trial,  it 
shall  be  determined  that  the  judgment  complained  of 
is  erroneous,  the  court  shall  reverse  and  set  aside  the 
same,  and  the  plaintiff  shall  recover  all  he  has  been  dam- 
nified thereby ;  but  no  cost  on  the  writ  of  error,  in 
case  of  a  reversal,  shall  be  allowed  for  either  party. 

SECT.  70.  When  any  judgment  shall  be  reversed,  the 
plaintiff  in  the  original  action,  on  which  such  erroneous 
judgment  was  given,  may  enter  his  action  in  the  said  su- 
perior court,  (unless  reversed  on  a  principle  that  shews 
the  action  cannot  be  sustained,)  where  it  shall  be  pro- 
ceeded with,  and  tried,  in  the  same  manner,  as  if  it  had 
or  could  have  been  brought  there  by  appeal.  And  the 
whole  cost  in  the  said  action,  (excepting  the  cost  on  the 
writ  of  error,)  shall  be  allowed  and  taxed  in  favor  of  him 
who  shall  recover  final  judgment :  provided,  that  when 
the  original  action  is  of  such  a  nature,  that  it  cannot  be 
tried  in  the  superior  court,  and  \i  appears  that  further 


(8)  The  doctrine  was,  for  a  long  time, 
recognized,  by  our  courts,  that  the  verdict 
of  the  jury  was  conclusive,  and  thai  a  new 
trial  could  not  be  granted,  because  it  was 
against  law,  or  evidence.  The  principle, 
that  new  trials  should  be  granted  because 
the  verdict  was  against  law,  was  recogni- 
zed by  the  supreme  court  of  errors,  in 


1807,  (see  3  Day,  29.)  when  they  adopt- 
ed the  rule  that  the  court  should  instruct 
the  jury  in  matters  of  law.  The  granting 
of  new  trials,  where  the  verdict  was 
against  evidence,  was  settled  by  a  decis- 
ion of  the  supreme  court  of  errors,  in 
18)6,  and  is  confirmed  and  modified,  by 
thit  statute.  I  C0im.  Rep.  472. 


Title  2.     Actions  Civil.  55 

proceedings  may  be  had  in  the  county  court,  it  shall  be 
the  duty  of  the  superior  court  to  remand  the  same  to  the 
county  court,  in  which  such  erroneous  judgment  was 
rendered,  who  shall  proceed  therein  in  the  same  manner 
as  in  other  cases  of  the  like  kind,  brought  originally  to 
said  county  court. 

SECT.  71.  The  courts  having  cognizance  of  writs  of  ,nteregton 
error,  upon  the  affirmance  of  any  judgment  or  decree,  judgments  not 
or  upon  a  nonsuit  or  withdraw,  by  the  plaintiff  in  error,  revised, 
may,  according  to  their  discretion,  adjudge  and  decree 
to  the  defendant  in  error,  besides  his  cost,  the  interest  of 
the  money  delayed  by  such  writ  of  error,  and  grant  ex- 
ecution accordingly. 

SECT.  72.  Writs  of  error  shall  be  allowed  and  signed,  3i<rni 
by  the  judges  of  the  court,  to  which  they  are  returnable  ; 
and  the  judge  signing  the  writ  shall  take  good  and  suffi- 
cient bond,  with  surety,  that  the  plaintiff  in  error  shall  Bond  for  pro- 
prosecute  his  suit  to  effect,  and  answer  all  damages,  if  he  secution. 
fail  to  make  his  plea  good.     And  writs  of  error  shall  be  Service, 
served  by  the  officer's  leaving  a  true  and  attested  copy 
thereof  with  the  defendant  in  error,  or  at  his  usual  place 
of  abode  ;  or  if  he  be  not  a  resident  of  this  state,  then 
with  the  attorney  who  appeared  in  the  original  cause. 
And  whenever  a  writ  of  error  is  to  be  served  on  the  pe-  Writ  of  error 
titioners  for  a  highway,  it  shall  be  legal  service  for  the  writ  against  peti- 
to  be  read  in  the  hearing  of  any  of  the  three  first  sign-  tioners  for 
ing  petitioners,  or  an  attested  copy  thereof  left  at  the  whomfand11 
usual  place  of  abode  of  either  of  the  said  three  first  sign-  how,  to  be 
ing  petitioners,  twelve  days  inclusive  before  the  day  of  served. 
the  court's  sitting. 

SECT.  73.  All  executions,  issued  by  the  clerks  of  the  fxec"fion9' 
superior  court,  or  of  the  county  courts,  or  by  justices  of  and*  when^to ' 
the  peace,  may  be  directed  to  any  officers  proper  to  serve  be  returned. 
the  same,  in  any  of  the  counties  in  the  state  ;  and  the  of- 
ficers to  whom  the  same  are  diiected  and  delivered,  shall 
duly  and  faithfully  serve  and  return  the  same,  according 
to  the  directions  therein  given ;  which  being  returned, 
shall  be  kept  on  file  in  the  office  out  of  which  they  issued. 
And  all  writs  of  execution  shall  be  made  returnable  with- 
in sixty  days,  or  to  the  next  court,  (in  case  sixty  days  are 
remaining  between  the  next  court  and  the  date  of  the 
execution,)  at  the  election  of  him  who  prays  out  the 
same  :  and  all  executions  granted  by  justices  of  the  peace, 
shall  be  made  returnable  in  sixty  days  :  and  all  sheriffs 
and  constables  shall  have  power  to  execute  any  writ  oi 
execution  to  them  directed  within  their  own  precincts. 

SECT.  74.  Executions  shall  be  granted  against  the  Executions, 
goods,  chattels,  lands  and  body  of  the  debtor :  and  when  how  served 
any  execution  is  taken  out  and  delivered  to  the  sheriff 


56  Title  2.     Actions  Civil. 

or  constable,  to  whom  it  is  directed  to  serve,  he  shall 
repair  to  the  debtor's  usual  place  of  abode,  if  within 
his  precincts,  unless  he  finds  him  at  some  other  place,  and 
make  demand  of  the  debt,  or  sum  due  on  such  execution, 
with  his  lawful  fees,  and  upon  refusal  or  neglect  of  pay- 
ment of  the  same,  such  officer  shall  indorse  on  the  execu- 
tion when  and  where  he  made  demand  of  the  debt  and 
sum  due  thereon,  and  shall  levy  the  same  on  the  personal 
estate  of  the  debtor,  except  such  estate  as  is  hereinafter 
exempted  from  execution  or  warrant ;  and  on  such  es- 
tate also,  if  the  same  shall  be  presented  by  the  debtor. 
And  the  officer  shall  advertise  and  post  such  estate,  with 
a  particular  account  thereof,  on  the  sign-post  in  the  soci- 
ety where  taken,  to  be  there  sold  at  public  vendue,  at 
the  end  of  twenty  days,  specifying  the  day  of  the  month 
when  the  sale  is  to  take  place.  And  in  such  societies  as 
are  made  out  of  two  or  more  towns,  the  constables  of  such 
towns  shall  have  the  same  power  and  authority,  where 
the  sign-post  shall  be  without  the  limits  of  the  society  to 
which  they  belong,  as  other  constables  by  law  have  within 
their  respective  districts.  And  iii  case  the  debtor  .shall 
not,  within  said  twenty  days,  pay  the  debt,  and  all  the 
cost  and  charges,  that  have  arisen,  the  officer  shall  sell, 
at  beat  of  drum,  to  the  highest  bidder,  such  goods,  or  so 
many  of  them,  as  may  be  necessary  to  pay  the  execution, 
and  the  lawful  fees  and  expenses,  and  the  overplus  (if  anj 
there  be)  he  shall  return  to  the  owner.  Provided,  that 
empTfrora*  necessary  apparel,  bedding,  and  household  furniture, 
•execution.  necessary  for  supporting  life  ;  arms  ;  military  equip- 
ments ;  implements  of  the  debtor's  trade;  one  cow  ;  any 
number  of  sheep  not  exceeding  ten  ;  and  two  swine ; 
being  the  property  of  one  person  :  that  any  quantity  of 
wood  not  exceeding  two  cords;  any  quantity  of  hay  not 
exceeding  two  tons ;  any  quantity  of  beef  or  pork  not 
exceeding  two  hundred  pounds  weight ;  any  quantity  of 
fish  not  exceeding  two  hundred  pounds  weight ;  any  quan- 
tity of  potatoes  or  turnips  not  exceeding  tive  bushels  of 
each  ;  any  quantity  of  Indian  corn  or  rye  not  exceeding 
ten  bushels  of  each,  and  the  meal  or  flour  manufactured 
therefrom  ;  any  quantity  of  wool  or  flax  not  exceeding 
»  twenty  pounds  weight  of  each,  or  the  yarn  or  cloth  made 

therefrom  ;  one  stove,  and  the  pipe  belonging  thereto  ; 
being  the  property  of  any  one  person  having  a  wife  or 
family  :  and  that  the  horse,  saddle  and  bridle  of  any  prac- 
tising physician  or  surgeon,  of  a  value  not  exceeding  one 
hundred  dollars ;  shall  be  exempted,  and  not  be  liable 
to  be  taken,  by  warrant  or  execution,  for  any  debt  or  tax 
whatever. 


Title  2.     Actions  Civil.  57 

SECT.  75.  In  case  personal  estate  of  the  debtor,  suffi-  When  to  b« 
dent  to  satisfy  the  debt  and  charges,  cannot  be  found,  JJJJ"1  on  th 
and  the  creditor    shall  not  agree  to  accept  or  take  the 
debtor's  lands,  the  officer  shall  levy  the  execution  on  the 
body  of  the  debtor,  and  him  commit  to  the  common  gaol 
in  the  county  in  which  the  execution  is    levied,  where 
he  shall  remain  till  he  pay  the  debt,  and  the  lawful  fee|. 
and  charges.     And  every  officer,  who  shall  commit  any  Copy  of  exe* 
person  to  prison,  by  virtue  of  distress  or  execution,  shall  fuflion [u  ^e 
deliver  a  copy  of  the  writ  or  execution,  signed  by  such  eer>  W1    sa°~ 
officer,  to  the  keeper  of  the  gaol,  which  shall  be  a  suffi- 
cient warrant  to  him  to  hold  such  person  in  safe  custody, 
till  he  be  delivered  in  due  course  of  law. 

SECT.  76.  When  personal  estate,  sufficient  to  pay  the  When  to  be 
sum  mentioned  in  the  execution,  and  the  lawful  fees  and  ^how  £"*' 
charges,  cannot  be  found,  by  the  officer,  or  shall  not  be  proceed, 
tendered  by  the  debtor,  or  his  attorney,  to  be  taken  on 
such  execution,  then  such  officer,  by  the  direction  of  the 
creditor,  or  his  attorney,  may  levy  the  same  on  the 
lands,  tenements  or  real  estate  of  the  debtor,  holden  in 
his  own  right,  and  the  same  shall  be  appraised,  by  three 
indifferent  freeholders  of  the  town  where  the  lands  lie, 
or  if  that  town  be  a  party,  then  of  the  next  adjoining 
town,  one  of  whom  shall  be  appointed  by  the  creditor, 
and  another  by  the  debtor,  and  if  they  do  not  agree  in 
appointing  a  third,  or  if  either  party  neglect  to  appoint, 
the  officer  may  apply  to  any  justice  of  the  peace  in  the 
town,  (who  by  law  may  judge  between  them  in  civil 
causes,)  who  shall  appoint  one  or  more  appraisers,  as  the 
case  may  require :  which  appraisers,  being  sworn  ac- 
cording to  law,  shall  make  an  estimate  of  such  land  or 
real  estate,  according  to  its  true  value,  in  writing  under 
their  hands,  or  either  two  of  them,  and  the  same  deliver 
to  such  officer :  who  shall  thereupon  set  out  to  the  credi- 
tor, by  metes  and  bounds,  so  much  of  the  lands  as  maj 
be  sufficient,  at  the  appraisal,  to  pay  the  debt  on  the  execu- 
tion, and  the  lawful  charges,  if  sufficient,  if  not,  so  much 
as  there  may  be,  to  be  indorsed  in  part  payment  of  the 
execution,  according  to  its  value,  at  the  appraisal. (9) 

(9)  In  consequence  of  the  extreme  scarci-  cution,  for  the  specific  property  originally 

ty  oi  specie  in   a  newly   settled   country,  contracted    to  be    p*id,    and   the  debtor 

it    !-pc;..rne    necessary    to    provide    some  had  liberty  to  redeem  it  within  sixty  days, 

other  mode  for  the  satisfaction  of  execu-  In  ihe   revision  of  1702,  the  la.v   directs 

tions.     Accordingly,  a  law  WMS  made  in  thesaie  of  the  goods  an  at  outcry  tor  money, 

16  H,  enacti.ig,  that  a  jui'ifijiiienl-creditor,  and  gives   the  debtor  a  right   to  redeem, 

when   execution    was    levied    upon    the  within  twenty  dav-s  by  paying  the  debt.  In 

g    .ds  of  a  debtor.  «hould  take  them  at  1711,  a  statute  was  made,  containing    in 

appraisal.     In   (685,   the  sheriff  was    an-  substance,    the  provisions  of  the  present 

thorised  to  sell  the  goods  taken  on  exe-  law. 


58  Title  2.     Action*  Civil. 

To  be  rewmi-  SKCT.  77.  it  shall  be  the  duty  of  the  officer  to  cause 
such  execution,  with  his  proper  indorsement  thereon,  of 
such  appraisal,  and  his  proceedings,  to  be  recorded  at 
length,  in  the  records  of  the  town-clerk,  where  the  laud* 
or  real  estate  lie  ;  and  he  shall  have  thirty-four  cents  for 
causing  the  same  to  be  recorded,  with  additional  fees  for 
his  travel :  and  he  shall  then  return  such  execution  into 
the  office  of  the  clerk  of  the  court  from  whence  it  issued, 
there  to  be  kept  on  file.  And  all  executions  served,  re- 
turned, and  recorded  as  aforesaid,  shall  vest  all  the  title  of 
the  debtor,  in  the  creditor,  his  heirs  and  assigns. 

When  county  SECT.  78.  When  the  sheriff  of  any  county  shall  receive 
recUxecution  executions  from  the  treasurer  of  the  state,  against  the  in- 
to indifferent  habitants  of  any  town  or  towns,  for  the  arrears  of  public 
persons,  taxes,  and  shall  levy  the  same  on  the  estate  of  such  in- 

habitants, or  any  part  of  them,  and  take  their  receipts  for 
such  estate,  to  be  delivered  at  the  place  of  sale,  accord- 
ing to  law,  and  on  the  failure  of  the  delivery  of  such 
estate,  shall  obtain  judgment  and  execution  thereon, 
against  the  inhabitants  of  such  towns,  or  any  part  of  them, 
the  judges  of  the  county  court,  in  the  county  where  the 
parties  belong,  may,  at  the  request  of  the  sheriff,  depute 
and  empower  some  suitable  and  indifferent  person,  to 
serve  and  return  such  executions  :  which  persons,  deput- 
ed as  aforesaid,  shall  have  the  same  power  and  authority, 
in  serving  such  executions,  as  sheriffs  by  law  have.  And 
such  sheriff  shall  be  responsible  for  any  neglect  or  de- 
fault of  every  person,  deputed  at  his  request  as  aforesaid, 
in  the  same  manner  as  for  his  deputies. 

When  execu-       SECT.   79.  When  the  body  of  any  person  is   attached, 

f°"   mUSh  be  and  for  want  of  bail,  is  committed  to  prison,  the  person 

oTdebtor  °  *  so  committed  shall  not  be  holden  in  prison,  by  virtue  of 

committed  to  such  commitment,  for  a  longer  time  than  five  days  after 

prison.  the  rising  of  the  court  in  which  final  judgment  shall  be 

rendered  ;  and  in  case  no  execution  shall  be  taken  out. 

and  levied   upon  the  person  of  such  imprisoned  debtor, 

within  five  days  as  aforesaid,  the  keeper  of  the  gaol,  upon 

his   fees  being  paid,  may  not  hold  such  prisoner   any 

longer,  by  virtue  of  such  commitment. 

Levy  of  exe-       SECT.  80.  The  levy  of  executions  on  the  rights  or 
cution  on          shares,  which  any  person  owns  in  the  stock  of  any  bank, 
stock  of  incor-  insurance  company,  turnpike  company,  or  other  corpora- 
panics.    (    Q    tion>  together  with  the  interest,  rent  and  profits  due  and 
growing  due  thereon,  shall  be,  by  leaving  a  true  and  attest- 
ed copy  thereof  with  the  cashier,  secretary  or  clerk,  with 
an  attested  certificate,  by  the  officer  making  such  levy, 
that  he  levies  upon  and  takes  such  rights  or  shares,  to 
satisfy  such  execution ;  and  thereupon  such  officer  shall 
post  the  same  according  to  law,  and,  as  in  other  cases,, 


Title  3.     Arbitration.  59 

shall,  at  vendue,  sell  the  same,  together  with  such  inter-  ghares  to  be 

ests,  rents  andprofits,  or  so  many  thereof,  as  shall  besuffi-  sold  at  auc-  • 

cient  to  satisfy  such  execution,  or   so  much  thereof  as  tion- 

«uch  rights  or  shares  may  produce  ;  and  such  officer  shall  Officer  to 

thereupon  give  to  the  purchaser,   an  instrument  in  writ-  transfer 


ing,  conveying  to  him  such   rights    or  shares  ;  and  shall  j^'cop    of 
also  leave  with    such  cashier,  secretary  or  clerk,  a  true  exerutionf&c. 
and  attested  copy  of  the  execution,    and   of  his   return  with  cashier, 
thereon  ;  and  the  purchaser  shall  thereupon  be  entitled  &c' 
to  all  dividends  and  stock,  and  to  the  same  privileges,  as 
a  member  of  such  company  or   corporation,    as   such 
debtor  was  entitled  to.     And  whenever  any  proper  offi- 
cer shall,  with  a  writ  of  attachment  or  execution,  apply  to 
such  cashier,  secretary  or  clerk,  for  the   purpose  of  so  Cashier,  &c. 
attaching  or  levying  upon    such   rights  or   shares,  the  °"  off^*}™ 
cashier,  secretary  or  clerk  shall  furnish  him  with  a  cer-  furnish  a  cer- 
tificate, under  his  hand,  in  his  official  capacity,  ascertaining  tifirate  of  de- 
the  number  of  rights  or  shares  the  defendant  holds  in  the  JJjJe"  *&c 
stock  of  such  bank,  company  or  corporation,  with  the  in- 
cumbrances  thereon,  if  any  there  be,  and  the   amount  of 
the  dividends  thereon  due. 

TITLE  3.     Arbitration. 

An  Act  authorising  submissions  to  Arbitration  to 
be  made  rules  of  court. 

1  "R  E  it  enacted  by  the  Senate  and  House  of  Rep  - 
fijl  resentatives,  in  General  Assembly  convened, 
That  all  persons  desiring  to  end  any  dispute  or  contro- 
versy, by  arbitration,  may  agree,  that  their  submission 
to  arbitrators  shall  be  made  a  rule  of  the  superior  court, 
or  of  any  of  the  county  courts,  or  city  courts,  and  may  in- 
sert their  agreement  in  the  submission,  or  in  the  condition 
of  the  bond  or  promise  ;  and  on  producing  an  affidavit  of 
such  agreement,  and  filing  it  in  court,  the  same  shall  be  _  .  . 
entered  of  record  ;  and  a  rule  of  court  shall  thereupon  m'ad'e'ti'rule 
be  made,  that  the  parties  shall  submit  to,  and  be  finally  of  court. 
concluded  by,  such  arbitration  :  or  such  persons,  desiring 
to  end  a  controversy  as  aforesaid,  may  personally  appear 
before  the  superior  court,  or  any  county  court,  or  city 
court,  and  acknowledge,  that  they  have  mutually  agreed 
to  refer  all  their  matters  of  difference,  or  any  particular 
dispute,  to  the  arbitrament  of  certain  persons  by  them 
agreed  on,  and  named  ;  and  on  their  desiring  such  sub- 
mission to  be  made  a  rule  of  court,  the  same  may  be  en- 
tered of  record,  and  a  rule  of  court  shall  thereupon  be 
made,  that  the  parties  shall  submit  to,  and  finally  be  con- 


60  Title  4.     Auction. 

eluded  by,  such  arbitration  :  and  in  either  of  the  above 
cases,  the  award  of  the  arbitrators  being  returned  into 
Judsrment  on     court,  and  accepted  by  the  same,  judgment  shall  be  ren- 
award.  dered  thereon,  for  the  party  in  whose  favor  the  award  is 

made,  to  recover  the  sum  awarded  to  be  paid  to  him.  with 
additional  costs,  and  execution  shall  be  granted  accord- 
ingly, if  the  party  against  whom  the  award  is  made,  shall 
neglect  or  refuse  to  perform  the  same. 

Reference  of  SECT.  2.  When  any  personal  action  shall  be  pending  in 
fn  '  ^courT1"  court'  ^ tile  Parties  desire  to  refer  the  same  to  arbitration, 
each  may  choose  one  person  to  be  an  arbitrator,  and  the 
court  may  appoint  a  third ;  and  the  award  of  such  arbi- 
trators, returned  into  court,  and  accepted,  shall  be  an 
end  of  such  controversy,  and  judgment  shall  be  rendered 
pursuant  to  the  same,  and  execution  granted  thereon,  with 
cost. 

Witnesses  be-  SECT.  3.  When  disputes  shall  be  submitted  to  arbitra- 
fore  arbitra-  tion,  by  act  of  the  parties,  or  rule  of  court,  the  necessary 
witnesses  may  be  summoned,  and  sworn,  and  shall  be  re- 
sponsible to  the  parties  for  refusing  to  attend,  as  in  trials 
at  law  ;  and  if  guilty  of  false  swearing,  shall  be  punisha- 
ble in  the  same  manner  as  for  perjury. 

TITLE  4.    Auction. 

An  Act  imposing  a  duty  on  sales  at  auction,  in 
certain  cases. 

T)  E  it  enacted  by  the  Senate  and  House  of  Rep- 
\J  resentatives  in  General  Assembly  convened, 

Duty  of  two     That  there  shall  be  levied,  and  collected,  and  paid  for  the 
sv^s  at^auc-     use  °^  *n's  s^a*e'  uPon  a^  sa^es  D7  wa>  of  auction,  of  goods, 
tion  of  foreign  wares,  or  merchandize,  of  foreign  growth,  produce,  or  man- 
goods,  ufacture,  two  per  cent,  ofthe  purchase  money,arising  by  sale 
at  auction,  of  suchgoods,  wares,  or  merchandize,  to  be  paid 
by  the  auctioneer,  or  person  making  such  sales  at  auction, 
out  of  the  monies  arising  from  each  and  every  such  sale, 
to  the  clerk  of  the  civil  authority  of  the  town  in  which 
Limitation-       such  sales  are  made :  Provided  always,  that  nothing  in 
this  act  contained,  shall  extend  to  any  sale  or  sales,  by 
auction,  of  seal  skins,  or  whale,  or  spermaceti,  or  ele- 
phant or  fish  oil,  or  fish  or  whale-bone,  taken  and  import- 
ed by  citizens  of  this  state  ;  or  of  goods,  wares,  and  mer- 
chandize, made  pursuant  to,  or  in  execution  of,  any  rule, 
order,  decree,  sentence,  or  judgment  of  any  court ;  or 
made  in  virtue,  or  by  force  of  any  lawr,  touching  the  col- 
lection of  any  tax  or  duty,   either  of  this  state  or  the 


Title  4.     Auction.  ,        61 

United  States  ;  or  the  disposal  of  property,  by  auction, 
belonging  either  to  this  state,  or  the  United  States  ;  or 
made  in  consequence  of  any  bankruptcy  or  insolvency, 
pursuant  to  any  law  concerning  bankruptcies  or  insol- 
vencies ;  or  made  in  consequence  of  any  general  assign- 
ment of  property  and  effects,  for  the  benefit  of  creditors  ; 
or  made  by,  or  on  behalf  of,  any  executor  or  administra- 
tor, or  executors  or  administrators. 

SECT.  2.  No  person  shall  exercise  the  business  of  an  Auctioneer  of 
,,.          f  j  ,  foreign  sjoods 

auctioneer,  by  the  selling  of  any  goods,  wares,  merchan-  to  be  licensed, 
dize  of  foreign  growth,  produce,  or  manufacture,  where- 
by the  best  and  highest  bidder  is  deemed  to  be  the  pur- 
chaser, unless  such  person  shall  have  a  licence  therefor, 
from  the  civil  authority  of  the  town  in  which  he  intends  to 
exercise  said  business,  signed  by  the  clerk  of  said  board  of 
civil  authority,  on  pain  of  forfeiting  to  the  treasury  of 
this  state,  for  every  such  sale,  the  sum  of  fifty  dollars,  to-  P*r,alty  for 
gether  with  the  sums  or  duties  payable,  by  this  act,  upon  oti'tTiLnce!" 
the  goods,  wares,  or  merchandize  so  sold  without  licence  : 
Provided  however,  that  nothing  herein  contained,  shall  Limitation, 
be  construed  to  require  a  licence  for  the  sale  at  auction 
of  any  goods,  chattels,  or  other  thing,  which  by  this  act 
are  not  made  liable  to  duty,  or  are  exempted  from  duty. 

SECT.  3.  The  civil  authority  of  the  several  towns  in  this  Civil  authori- 
state,  are  hereby  authorized  to  grant  a  licence  to  exer-  ^j^***11 
cise  the  business  of  an  auctioneer  of  goods,  wares,  and 
merchandize  of  foreign  growth,  produce,  or  manufacture, 
within  their  respective  towns,  to  any  inhabitant  of  this 
state,  who  shall  apply  for  the  same  ;  provided  the  person  Applicant  to 

so  applying  shall  first  give  bond,  with  good  surety,  in  the  ?1.v?  bond' 

j    j    11  f  xi       Wlth  surety, 

sum  of  three  hundred  dollars,  to  the  acceptance  of  the 

civil  authority  in  the  town  in  which  he  resides,  payable 
to  the  treasurer  of  this  state,  conditioned  that  the  person  Condition  of 
applying  for  such  licence  will  duly  pay  to  the  clerk  of  Ovjnd> 
said  board  of  civil  authority,  the  duties  imposed  by  this 
act,  on  or  before  the  first  Mondays  of  October,  January, 
April  and  July,   in  each  year,  and  shall,  in  all  other  re- 
spects,  comply  with  the  requirements  of  this  act.     And 
the  clerk  of  any  board  of  civil  authority,  shall  be  entitled 
to  receive  the  sum  of  fifty  cents,  for  every  such  licence  Clerk's  fee. 
by  him  signed,  to  be  paid'by  the  person  who  applies  for 
such  licence. 

SECT.  4.     Each  person,    licenced   as  aforesaid,    shall  Auctioneer  to 
render,  on  oath,  to  the  clerk  of  the  civil  authority,   by  render  ae- 
whom  his  licence  was  granted,  on  the  first  Mondays  of  |c_iunt(luar 
October,  January,  April,  and  July,  in  each  year,  a  true 
and  particular  account,  in  writing,  of  the  monies,  or  sums, 
for  which  any  goods,  wares,  or  merchandize,  made  liable 
to  duty  by  this  act,  have  been  sold,  at  every  sale  at  auc- 


62  Title  5.     Bail. 

tion,  by  such  person,  and  of  the  several  articles,  lots,  and 
parcels,  which  shall  have  been  sold,  the  price  of  each  ar- 
ticle, lot,  qr  parcel,  and  by  whom  purchased,  during  the 
three  months  preceding. 

Clerks  to  pay  SECT.  5.  The  clerks  of  the  different  boards  of  civil  au- 
thestate'68  t0  thoritv3  who  sha11  have  received  any  duties  on  sales  at 
treasurer,  by  auction,  pursuant  to  the  provisions  of  this  act,  shall  annii' 
the  10th  of  ally,  on  or  before  the  tenth  of  May,  pay  over  the  same  to 
May  annually.  {ne  treasurer  of  this  state. 

Licence  to  be  SECT.  6.  No  licence,  granted  by  virtue  of  this  act,  shall 
valid  for  one  be  Of  any  validity,  for  any  longer  term  than  one  year 
^eai  from  the  date  thereof. 

TITLES.    Bail. 
An  Act  concerning  Bail  in  civil  actions. 

.      T)  E  it  enacted  by  the  Senate  and  House  of  Rejj- 
ft^rescntalives  in  General  Assembly  convened, 

Bail,  when  to  That  it  shall  be  the  duty  of  sheriffs,  deputy  sheriffs, 
be  taken.  constables,  and  indifferent  persons  deputed  to  serve  write 
of  attachment,  to  take  sufficient  bail,  when  offered  by  any 
person  by  them  arrested,  or  held  in  custody,  on  mesne  pro- 
cess, in  any  civil  action  ;  which  bail  shall  be  one  or  more 
substantial  inhabitants  of  this  state,  of  sufficient  ability  to 
respond  the  judgment  that  may  be  recovered  in  the  ac- 
tion who  shall  become  bound  to  such  officer,  in  a  suffi- 
cient sum.  conditioned  for  the  appearance  of  the  person, 
so  arrested,  before  the  court  to  which  the  writ  is  returna- 
ble, and  the  person  arrested  shall  thereupon  be  liberated 
from  such  arrest.  And  where  the  person  so  arrested  shall 
be  committed  to  gaol  on  mesne  process,  for  want  of  bail,  it 
shall  be  the  duty  of  the  sheriff  having  charge  of  the  gaol,  at 
any  time  before  the  session  of  the  court,  to  which  the  writ 
is  returnable,  to  take  good  and  sufficient  bail  as  aforesaid, 
when  offered,  for  the  appearance  of  such  person  before 
such  court ;  on  which  he  shall  be  released  from  confine- 
ment in  gaol. 

Defendant,  '  SECT.  2.  No  defendant,  whose  person  has  been  attach- 
when  bailed,  ed  and  let  to  bail,  as  aforesaid,  shall  be  admitted  to  ap- 
may  not  plead  pear  and  plead  or  defend  in  such  action,  until  he  hath  in 

without  soe-  '     .      r  .  .  ,          ,v    .  .  ,. 

rial  bail. "  court  given  special  bail,  with  sufficient  sureties  as  afore- 
said, for  his  abiding  final  judgment  in  the  cause,  if  the 
plaintiff  require  the  same. 

When  persons       SECT.  3.  When  any  defendant  committed  to  gaol,  foi 

committed  to  want  of  bail  to  the  officer,  shall  remain  confined  therein 

gap!  may  be     after  the  term  to  which  the  writ  is  returnable  ;  or  where 

a  defendant,  committed  to  gaol  for  want  of  special  bail. 


Title  5.     Bail.  Hii 


shall  remain  confined  therein,  after  the  session  ol  th< 
court,  and  the  action  shall  be  continued,  it  shall  be  the 
duty  of  the  sheriff  having  charge  of  the  gaol,  to  take  bail, 
when  offered,  with  sufficient  sureties  as  aforesaid,  for  his 
abiding  the  final  judgment  that  shall  be  rendered  in  the 
cause  ;  and  thereupon  such  defendant  shall  be  released 
from  imprisonment. 

SECT.  4.  In  either  of  the  cases  aforesaid,  every  such  when  bail  if 
surety  or  sureties,  shall  be  obliged  to  satisfy  the  judgment  liable- 
in  case  of  the  principal's  avoidance,  and  a  return  of  non 
est  inventus  on  the  execution  ;  unless  such  surety,  on  or 
before  the  time  of  entering  up  final  judgment,  shall  bring 
the  principal  into  court,  and  move  to  be  discharged  ;  upon 
which  the  court  shall  order  the  keeper  of  the  gaol  to  re- 
ceive him  into  custody,  that  his  body  may  be  taken  on 
execution.  . 

SECT.  5.  And  the  party  in  whose  favor  the  judgment  g^t-5*" 
is  given,  may  have  a  writ  of  scire-facias,  or  other  proper 
action,  on  the  bond  against  such  surety  or  sureties,  to  re- 
cover the  sum,  for  which  judgment  shall  be  rendered 
against  the  principal, with  additional  cost;  provided  such 
writ  of  srirc-faciaa,  or  other  process  on  the  bond,  shall 
be  taken  out  and  served  upon  the  surety  or  sureties,  with- 
in twelve  months  after  the  rendering  of  such  final  judg- 
ment. And  the  surety,  against  whom  such  recovery  is 
had,  shall  have  his  proper  action  for  an  indemnity  against 
the  principal. 

SECT.  6.  It  shall  be  the  duty  of  the  officer  to  assign  the  Officer  to  as- 
bail-boad  to  the  plaintiff,  on  his  request;  and  no  action  signbail-bond 
shall  be  maintained  against  the  officer  who  took  the  bai], 
unless  he  shall  have  taken  insufficient  bail,  or  shall  refuse 
to  assign  the  bail-bond  to  the  plaintiff,  that  he  may  have 
a  remedy  agreeably  to  this  act. 

SECT.  7.  And  in  case  of  bonds  given  for  the  prosccu- 
tion  of  any  action  or  appeal,  the  surety  or  sureties,  shall 
be  liable  to  satisfy  the  cost  that  shall  be  recovered  against  bonds  for  pro- 
the  principal,  if  it  cannot  be  had  out  of  his  estate  ;  to  be  spt;ut'°n. 
recovered  by  a  writ  of  scire-facias,  or  a  proper  action  on 
the  bond.     And  no  security  to  prosecute  an  appeal,  shall 
exonerate  the  special  bail  in  the  cause. 

SECT.  8.  In  all  cas-.'s.  where  any  person  or  persons,  Hemedyof 
have  executed  a  bull-bond,  or  entered  into  a  recognizance  bail  against 
for  the  personal  appearance  of  another,  and  such  bail  or  principal, 
surety  shall  afterwards  believe  that  his  principal  intends  to 
abscond,  such  bail,  or  surety,  on  application  to  any  jus- 
tice of  the  peace,  in  the  county  in  which  such  principal 
resides,  and  producing  his  bail-bond,  or  evidence  of  his 
ul  or  surety, arid  verityingthe  reason  of  his  applica- 
tion, by  oath  or  otherwise,  it  shall  be  the  duty  of  such  ju?- 


64  Title  6.    Banks. 

Mittimus  to  tice  forthwith  to  grant  a  mittimus,  directed  to  the  sheriff, 
his  deputy,  or  constable,  or  indifferent  person  of  the  coun- 
ty in  which  such  application  shall  be  made,  commanding 
such  officer  or  indifferent  person,  forthwith  to  arrest  such 
principal,  and  him  commit  to  the  keeper  of  the  common 
gaol  in  such  county,  who  is  hereby  authorised  to  receive 
such  principal,  and  him  retain  in  gaol,  until  discharged  by 
due  order  of  law. 

TITLE  6.    Banks. 
CHAP.  I. 

An  Act  to  incorporate  the  Hartford  Bank. 


B 


IE  it  enacted  by  the  Senate  and  House  of 
Representatives,  in  General  Assembly  con- 
vened, That  the  stockholders  of  the  Hartford  Bank,  their 
successors  and  assigns,  shall  be  and  remain  a  corporation 
and  body  politic,  by  the  name  and  style  of  the  "  Presi- 
dent, Directors,  and  Company  of  the  Hartford  Bank" 

General  pow-  an<l  by  that  name  shall  be  and  are  hereby  made  capable, 

en-  in  law,  to  have,  purchase,  receive,  possess,  and  enjoy,  to 

them  and  their  successors,  all  kinds  of  real  and  personal 
estate,  and  the  same  to  sell,  grant,  demise,  and  dispose 
of:  to  sue  and  be  sued,  plead  and  be  impleaded,  answer 
and  be  answered,  defend  and  be  defended,  in  all  courts  : 
and  also  to  have,  make,  and  use  a  common  seal,  and  the 
same  to  break,  alter,  and  renew  at  pleasure  :  and  to  or- 

v  dain,  establish,  and  execute  such  by-laws,  ordinances, 

and  regulations,  as  shall  be  deemed  necessary  and  con- 
venient, for  the  well  ordering  and  government  of  the  said 
corporation,  not  being  contrary  to  their  charter,  or  the 
laws  of  this  state,  or  of  the  United  States  :  and  to  do  and 
execute  all  and  singular  acts,  matters,  and  things,  which 
to  them  shall  appertain,  subject  to  the  rules,  restrictions, 
and  provisions  herein  after  prescribed. 

Capital  stock.  SECT.  2.  The  capital  stock  of  said  bank  shall  consist 
of  one  million  of  dollars,  to  be  divided  into  ten  thousand 
shares,  each  share  being  one  hundred  dollars  ;  together 
with  such  shares  as  have  been,  or  shall  be.  subscribed  by 
the  state  of  Connecticut,  and  by  religious  societies. 

Right  to  vote.  The  stockholders,  in  the  choice  of  directors,  or  any 
other  business  respecting  the  institution,  shall  be  enti- 
tled to  as  many  votes  as  they  have  shares  in  the  bank ; 
and  may  vote  by  themselves,  or  agents,  duly  appoint- 
ed :  but  no  share  shall  give  a  stockholder  a  right  to 
vote,  unless  he  has  been  a  legal  proprietor  at  least  three 


Title  6.     Banks.  65 

calendar  months  before  the  day  of  the  general  meeting, 
at  which  he  claims  a  right  to  vote.     The  stock  or  shares  Stock  assign- 
shall  be  assignable,  according  to  such  rules  as  shall   be  able- 
prescribed  by  the  stockholders  of  the  bank. 

SECT.  3.  There   shall    be  an  annual   meeting  of  the  Appointment 
stockholders,  in   the   city   of  Hartford,  on   the    second 
Thursday  in   June,  who,  by  a   ma,or  vote,  shall  choose 
nine  directors   by  ballot,  all  of  whom  shall  be   stock- 
holders ;  not  less  than  two  thirds  shall  be  resident  in  the 
city   of  Hartford  :  not  more  than  three  fourths   of  the 
directors,  shall  be  eligible  to  office  the  next  succeeding 
year,  except  the  president,  who  may,  at  any  election,  be 
chosen  a  director.     In  case  of  the  death,  or  resignation  of  Vacancies, 
a  director,  his  place  may  be  filled  by  a  new  choice,  for  how  supplied, 
the  remainder  of  the  year  ;  if  a  majority  of  the  directors, 
judge  it  necessary.     All  elections  of  directors,  shall  be  by  Mo(je  of  ele<> 
ballot ;  and  the  nine  persons,  who  shall  have,  at  any  elec-  tion. 
tion,  the  greatest  number  of  votes,   shall  be  declared  to 
be  duly  elected.     Public  notice  shall  be  given,  by  order  N   . 
of  the  directors,  twenty  days  previous  to  holding  an  elec- 
tion, or  general  meeting  of  the  stockholders,  in  a  news- 
paper,  published  in  the  city    of  Hartford,  and  in  such 
other  places  as  the  directors  shall  judge  necessary.     The 
directors,  at  the  first  meeting  after  their  election,  shall   Pre?ident,how 
choose  one  of  their  number  for  a  president.     On  the  chosea- 
death,  or  resignation  of  the  president,  the  directors  may 
choose  one  of  their  number  to   be  his  successor,  for  the 
remainder  of  the  year.     Not  less  than  three  directors 
shall  constitute  a  board  for  transacting  business,  of  whom 
the  presidept  shall  always  be  one,  except  in  case  of  sick- 
ness, or  necessary   absence,  in  which  case  the  directors 
present  shall  supply  his  place,  by  electing  one   of  their 
number,  as  president  for  the  occasion. 

SECT.  4.  The  directors  shall  have  power  to  appoint  a  Director*  to 
cashier,  and  such   clerks,  officers,  and  servants  as  they  app0'"*  °ffi- 
shall   judge  necessary,  for  executing  the  business  of  the  ce" ' 
bank ;  and  to  allow  them  such  compensation  for  their  ser-  fi.x  c°mpensa- 
vice,  as  they  shall  judge  reasonable  ;  and  shall  be  capable    lon< 
of  executing  such  other  powers,  for  the  well  ordering  and 
government  of  the  bank,  as  shall  be  determined   by  the 
regulations  of. the  stockholders:  but   no   director  shall 
be  allowed  any  emolument,  unless  the  same  shall  be  or-  ^VtTdireT" 
dered  by  the   stockholders,  at  a  general   meeting;  ex-  tors,  except 
cept  the  president,  who  shall  receive  such  compensation  to  president. 
for  his  extra  attention  at  the  bank,  as  the  directors  shall 
judge  reasonable.     Every  cashier,  treasurer,   or  clerk,  Officers  to  give 
employed  in  said  bank,  shall,   before  he  enters  upon  the     on  9' 
duties  of  his  oince,  give  bond,  with  two  or  more  sureties, 
to  the  satisfaction  of  the  directors,  in  such  sum  as  they 
9 


66  Title  6.    Banks. 

shall  judge  sufficient,  conditioned   for  the  faithful  dis- 
charge of  his  trust. 

Directors  to          SECT.  5.  The  directors,  by  a  majority  of  votes,  shall 
manage  the      determine  the  manner  of  doing  business,  and  the  rules  to 
be  pursued  ;  shall  dispose  of  and  manage  the  money  and 
credits  of  the  bank,  for  the  interest  ot  the  proprietors  ;  and 
shall,  from  time  to  time,    at   least   once  in   every    six 
to  make  divi-  months,  make  such  dividend  of  the  profits  as  they  shall 
think  proper :  provided,  that  they  shall,  in  no  instance, 
do  any  act  contrary  to  the  regulations  of  the  stockhold- 
ers.    And  the  directors  shall,  annually,  at  the  expiration 
to  state  ac-       of  their  appointment,  make,  and  exhibit  before  the  gen<- 
counts.  eraj  meetirig  Of  t}le  stockholders,  for  their  information, 

a  statement  of  the  debts  which  remain  unpaid,  after  the 
expiration  of  the  original  credits,  and  the  surplus  of  profit, 
if  any  be,  after  deducting  expenses,  losses  and  dividends. 
Limitation  of       SECT.  6.   The  bank  shall  not  trade  in  any  thing,  except 
business ;         ^JUs  Qf  exchange,  gold  or  silver  bullion,  or  in  the  sale  of 
goods,  pledged  for  money  lent,  and  not  redeemed  in  due 
time  ;  or  in  lands  necessarily  taken  for  security  of  debts, 
previously  contracted.    They  shall  not  take  more  than  six 
of  premium,      percent  premium  on  loans,  nor  issue  bills  or  notes,  to  an 
amount  exceeding,  in  the  whole,  fifty  per  cent,  over  and 
above  the  capital  stock  and  deposits.      The  directors 
shall  have  power  to  vest  in  the  funds  of  the  United  States, 
so  much  of  the  capital  stock  of  the  bank,  as  they  shall 
judge  expedient,  and  for  the  benefit  of  the  institution. 
Bills  signed  by       SECT.  7.  The  bills  or  notes,  issued  by  the  bank,  signed 
the  president,  by  fae  president,  and  countersigned  by  the  cashier  or 
the  bank"?0n  treasurer,  promising  the  payment  of  money,  to  any  person 
or  order,  or  to  bearer,  shall  be  obligatory  on  the  bank,  and 
payable  on  demand,  and  shall  be  negotiable  according  to 
the  custom  of  merchants,  and  the  laws  relating  to  inland 
Notes  assign-  foiHs  of  exchange  :  and  all  negotiable  notes,  duly  execut- 
bank;10  ^       e(*'  mav  ^e  indorsed  to  the  bank,  in  the  same  manner,  and 
on  the  same  principles  as  to  individuals,  and  the  bank 
may  maintain  suits  thereon,  for  the  recovery  of  the  money. 
for^choT11          SECT.  8.  The  bank  shall,  at  all  times,  be  open,   to 
funds,  &c.        the  subscription  of  shares  in  their  stock,  from  the  funds 
of  schools,   ecclesiastical  societies,  and  incorporations 
for  charitable  purposes  in   this  state,   without  any   ad- 
vance thereon  ;  and  such  schools,  ecclesiastical  societies, 
and  charitable  institutions,  may,  at  any  time,  withdraw 
their  money  from  the  bank,  on  giving  six  months'  notice 
to  the  directors.     And  whenever  their  stock  shall  amount 
to  fifty  thousand  dollars,  they  may,  at  any  annual  meeting 
of  the  stockholders,  for  the  choice  of  directors,  choose  a 
director  of  said  bank,  who  shall  continue  in  office  the 


Title  6.     Banks.  f>7 

aame  length  of  time,  with  the  other  directors  :  and  such 
subscriptions  shall  be  over  and  above  the  capital  stock  of 
the  bank. 

CHAP.  II. 

An  Act  to  incorporate  the  Union  Bank,  in  New- 
"'*  London. 

"|3  E  it  enacted  by  the  Senate  and  House  of  Rcp- 
JJ  Ktsentatives  in  General  Assembly  convened, 
That  the  stockholders  in  the  Union  Bank,  in  New-Lon- 
don, their  successors  and  assigns,  shall  be  and  remain, 
and  they  are  hereby  created  a  corporation,  and  body  poli- 
tic, by  the  name  and  style  of  "  The  President.  Directors,  Name  of  cor. 
and  Company  of  the  Union  Bank  in  New-London,"  and  ^oration, 
shall  be,  and  by  that  name  are  made  capable  in  law  to 
purchase  and  hold  all  kinds  of  estate,  real  and  personal,  ^  pow 
and  the  same  to  sell,  dispose  of,  and  convey ;  to  sue  and 
be  sued,  plead  and  be  impleaded,  defend  and  be  defend- 
ed, in  all  courts  whatever ;  to  have  and  make  a  common 
seal,  and  the  same  to  break,  alter,  and  renew  at  pleas- 
ure ;  and  to  ordain,  establish,  and  put  in  execution  such 
by-laws,  ordinances  and  regulations,  as  to  them  shall  seem 
necessary,  for  the  well  ordering  of  the  affairs  of  said  cor- 
poration, not  contrary  to  their  charter,  the  laws  of  the 
state,  or  of  the  United  States  ;  and,  generally,  to  execute 
all  and  singular  acts,  matters  and  things,  which  to  them 
shall  appertain,-  subject  to  the  rules,  limitations  and  re- 
strictions hereinafter  provided. 

SECT.  2.  The  capital  stock  of  the  bank  shall  consist  of  Capital  stock, 
not  less  than  fifty  thousand,  nor  more  than  one  hundred 
thousand  dollars,  divided  into  shares  of  one  hundred  dol- 
lars each.  And  the  stockholders,  in  a  general  meeting, 
may  hereafter,  if  they  judge  the  increase  of  trade  to  re- 
quire it,  open  a  new  subscription,  and  enlarge  the  cap- 
ital stock,  to  such  an  amount  as  they  shall  deem  expedient 
and  necessary,  not  exceeding  the  sum  of  five  hundred 
thousand  dollars. 

SECT.  3.  The  affairs  of  the  bank,  as  to  transfers,  or  Director*, 
other  matters,  not  herein  regulated,  shall  be  under  the 
management  of  thirteen  directors  :  and  there  shall  be  an- 
nually, on  the  first  Thursday  in  June,  at  a  general  meet- 
ing of  the  stockholders,  a  choice  of  directors,  to  serve  for 
one  year;  and  the  directors,  at  their  first  meeting,  after 
their  election,  shall  choose  one  of  their  number  president. 

SECT.  4.  The  number  of  votes  to  which  each  stockholder  Votes  of 
shall  be  entitled,  shall  be  according  to  the  number  of  shares  stockholder* , 


68  Title  6.     Banks. 

he  shall  hold,  in  the  proportion  following :  for  one  share, 
and  not  more  than  two  shares,  one  vote  ;  for  every  two 
shares  ahove  two  shares,  and  not  more  than  ten  snares, 
one  vote  ;  for  every  four  shares  above  ten  shares,  and  not 
exceeding  thirty  shares,  one  vote ;  and  for  every  six  shares 
above  thirty  shares,  one  vote  :  no  person,  co-partnership, 
or  body  politic  shall  be  entitled  to  a  greater  number  than 
twenty  votes  :  stockholders,  actually  resident  in  this  state, 
and  none  others,  may  vote  in  elections,  personally,  or  by 
proxy,  and  be  eligible  as  directors. 

General  meet-       SECT.  5.  One  fourth  part  of  the  stockholders,  or  more, 
ing  of  stock-    being  proprietors  of  two  hundred  shares,  at  least,  shall 
holders,  how    nave  power,  at  any  time,  to  call  a  general  meeting  of  the 
stockholders,  giving  at  least  a  week's  notice,  in  the  public 
gazette  of  the  place  where  the  bank  is  kept,  and  speci- 
fying in  such  notice  the  object  of  the  meeting. 

SECT.  6.  No  director  shall  be  entitled  to  any  emolu- 
ment  f°r  hig  attendance  on  the  business  of  the  bank,  un- 
tors.  less  the  same  shall  have  been  allowed  by  the  stockholders 

Compensation  at  a  general  meeting  ;  and  they  shall  make  such  compen- 
of  president,     sation  to  the  president,  for  his  extraordinary  attendance 
at  the  bank,  as  shall  appear  to  them  to  be  reasonable. 
Board.  Not  less  than  three  directors  shall  constitute  a  board  for 

the  transaction  of  business  ;  and  in  case  of  the  death,  re- 
signation, or  removal  of  a  director,  by  the  stockholders, 
his  place  maybe  filled,  by  a  new  choice,  for  the  remainder 
Dividends.  °f  *ne  year.  Yearly  dividends  shall  be  made  of  so  much 
of  the  profits  of  the  bank,  as  shall  appear  to  the  directors 
advisable  ;  and  the  state  of  the  bank  shall  be  made  known 
to  the  stockholders,  by  the  directors,  whenever  they  are 
thereto  required. 

Bills  issued  b         SECT.  7.  Bills  or  notes,  issued  by  the  bank,  signed  by  the 
the  bank6 :    y  president,  and  countersigned  by  the  cashier  or  treasurer, 
promising  the  payment  of  money  to  any  person,  or  order, 
or  to  bearer,  shall  be  obligatory  on  said  corporation,  and 
shall  be  assignable  according  to  the  custom  of  merchants, 
and  the  laws  relating  to  inland  bills  of  exchange  :  and 
the°bankt0       a11  negotiable  notes5  dulJ  executed,  may  be  indorsed  to 
the  bank,  in  the  same  manner,  and  upon  the  same  princi- 
ples as  to    individuals  ;  and  the  bank  may  maintain  suits 
thereon  to  recover  the  money. 

Business.  SECT.  8.  The  capital  of  the  company  shall  not  be 

employed  otherwise,  than  in  the  ordinary  course  of  bank- 
ing business ;  and  the  bank  shall  not  take  more  than  at 
the  rate  of  six  per  cent  per  annum,  upon  its  loans  or  dis- 
Limitation  of  counts.     The  total  amount  of  debts,  which  the  corpora- 
debts,  tion  shall  at  any  time  owe,  whether  by  bond,  bill  or  note, 
shall  not  exceed  fifty  percent  over  and  above  the  capital 
stock  of  said  bank,  and  beyond  the  amount  of  the  mo- 


Title  6.     Banks.  69 

nies  at  any  time  actually  deposited  in  the  bank  for  safe 
keeping :  and  all  notes  issued  by  the  bank,  shall  be 
paid  at  the  bank  in  silver  or  gold  coin. 

SECT.  9.  The  stockholders  of  the  bank,  at  a  general  Enlargement 
meeting,  may  hereafter,   if  they  judge  the  increase  of  of  capital 
trade  requires  it,  open  a  new  subscription,  and  enlarge  the  stocl£- 
capital  stock  of  said  bank,  to  such  amount  as  they  shall 
deem  expedient  and  necessary,  not  exceeding  the  sum  of 
five  hundred  thousand  dollars. 

CHAP.  III. 

An  Act  to  incorporate  the  New-Haven  Bank. 

E  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives  in  General  Assembly  convened, 
That  the  stockholders  of  the  New-Haven  Bank,  their 
successors  arid  assigns,  shall  be  and  remain  a  corpora-  Name, 
tion  andbody  politic,  by  the  name  and  style  of"  The  Pres- 
ident, Directors  and  Company  of  the  New-Haven  Bank," 
and  by  that  name  shall  be  and  are  hereby  made  capable 
to  have,  purchase,  receive,  possess  and  enjoy,  all  kinds 
of  estate,  real  and  personal,  and  the  same  to  sell,  grant, 
and  alien  ;  to  sue  and  be  sued,  plead  and  be  impleaded,  vtti  pow" 
defend  and  be  defended,  in  all  writs  ;  to  have  and  use  a 
common  seal,  and  the  same  to  alter,  break,  or  renew  at 
pleasure;  and  to  ordain,  and  put  in  execution,  such  by- 
laws and  regulations  as  shall  be  deemed  necessary  and 
convenient,  for -the  well  ordering  and  government  of  said 
corporation,  not  contrary  to  this  charter,  the  laws  of  the 
state,  or  of  the  United  States  ;  and  to  do  and  execute 
all  and  singular  acts,  matters,  and  things,  which  to  them 
shall  appertain  to  do,  subject  to  the  rules  and  restric- 
tions hereinafter  prescribed. 

SECT.  2.  The  capital  stock  of  said  bank  shall  consist  Capital  stock- 
of  not  less  than  fifty  thousand,  nor  more  than  four  hun- 
dred thousand  dollars,  to  be  divided  into  shares  of  two 
hundred    dollars  each.     No  person,  co-partnership,   or 
body  politic,  shall  hold  more  than  sixty  shares.     The 
stock  or  shares  shall  be    assignable,  according  to  such  Assignable, 
rules  as  shall  be  instituted  by  the  bank.     The  number  of 
votes  each  stockholder  shall  be  entitled  to,  in  the  choice  Method  of  vo- 
of  directors,  or  any  other  business  respecting  the  institu-  tin&- 
tion,  shall  be  according  to  the  number  of  shares  he  shall 
hold  :  and  all  stockholders  shall  be   enitled  to  vote,  by 
themselves,  or  by  their  agents  duly  appointed. 

SECT.  3.  And  for  the  well  ordering  of  the  affairs  of  the  Directorshow 
corporation,  there  shall  be  nine  directors  chosen  on  the  chosen5 


70 


Title  6.     Banks. 


to  choose 
president. 


Notice  of 
meetings. 


Directors  may 
appoint  offi- 


who  shall  give 
bonds. 


Their  general 
powers  ; 

shall  receive 
no  compensa- 
tion. 


Three  to  con- 
stitute a 
hoard. 


Directors  to 
determine 
manner  of  do- 
ing business ; 

to  make  divi- 
dends; and 


first  Thursday  of  July  annually,  by  the  greatest  number 
of  votes  given  by  the  stockholders  of  the  bank,  at  a  gen- 
eral meeting  ;  who  shall  be  capable  of  serving  till  the 
expiration  of  the  first  Thursday  of  July  next  ensuing  the 
election  ;  and  the  directors,  at  their  first  meeting,  after 
such  election,  shall  choose  one  of  their  number  for  a 

President.  None  but  stockholders  shall  be  eligible  as 
irectors ;  and  not  less  than  two  thirds  of  the  directors 
shall  be  actually  resident  in  the  city  of  New-Haven.  Not 
more  than  three  fourths  of  the  directors  in  office,  exclu- 
sive of  the  president,  shall  be  eligible  as  directors  the  next 
succeeding  year :  but  the  director  who  shall  be  president 
at  any  election,  may  always  be  elected  a  director.  In 
case  of  the  death  or  resignation  of  a  director,  his  place 
may  be  filled  by  a  new  choice  for  the  remainder  of  the 
year,  if  a  majority  of  the  directors  judge  it  necessary. 
Public  notice  shall  be  given,  by  order  of  the  directors, 
twenty  days  previous  to  holding  an  election  or  general 
meeting  of  the  stockholders,  in  a  newspaper  published  in 
the  city  of  New-Haven,  and  in  such  other  places  as  the 
directors  shall  judge  necessary. 

SECT.  4.  The  directors,  for  the  time  being,  shall  have 
power  to  appoint  such  officers,  clerks  and  servants  as 
they  shall  judge  necessary  ;  and  every  cashier,  treasurer 
or  clerk,  employed  in  said  bank,  shall,  before  he  enters 
on  the  duties  of  his  office,  give  bond,  with  two  or  more 
sureties,  to  the  satisfaction  of  the  directors,  in  a  sum  not 
less  than  five  thousand  dollars  for  the  cashier,  and  not 
less  than  one  thousand  for  a  clerk,  conditioned  for  the 
faithful  discharge  of  his  trust.  And  the  directors  shall 
be  capable  of  executing  such  other  powers  for  the  well 
ordering  and  governing  of  the  bank,  as  shall  be  determin- 
ed by  the  regulations  of  the  stockholders  ;  but  no  direc- 
tor shall  receive  any  emolument,  unless  the  same  shall 
be  ordered  by  the  stockholders,  at  a  general  meeting ; 
except  the  president,  who  shall  receive  such  compensa- 
tion for  his  extra  attendance  at  the  bank,  as  the  directors 
shall  judge  reasonable.  Not  less  than  three  directors 
shall  constitute  a  board  for  transacting  the  business  of  the 
bank,  of  whom  the  president  shall  always  be  one,  except 
in  case  of  sickness  or  necessary  absence  ;  in  which  case 
the  directors  present  shall  supply  his  place,  by  electing  one 
of  their  own  number,  as  president  for  the  occasion. 

SECT.  5.  The  directors,  by  a  majority  of  votes,  shall 
determine  the  manner  of  doing  business,  and  the  rules  to 
be  prescribed  ;  shall  dispose  of,  and  manage  the  money 
and  credits  of  the  bank,  for  the  interest  of  the  proprietors ; 
and  shall,  once  in  six  months,  make  such  dividends  of 
the  profits  as  they  shall  think  proper  :  provided,  that  thej 


Titled.     Banks.  71 

shall,  in  no  instance,  do  any  act  contrary  to  the  regula- 
tions of  the  stockholders  :  and  the   directors  shall,  once 
in  two  years,  lay  before  the  general  meeting  of  the  stock-  statement  of 
holders,  for  their  information,  a  statement  of  the  debts  debts. 
which  shall  remain  unpaid  after  the  expiration  of  the  ori- 
ginal  credits,  and  the  surplus  of  profits,  if  any  be,  after 
deducting  losses  and  dividends. 

SECT.  6.  The  corporation  shall  not  trade  in  any  thing  Limitation  of 
except  bills  of  exchange,  gold  or  silver  bullion,  or  in  sale  trade- 
of  goods,  pledged  for  money  lent,  and  not  redeemed  in 
due  time,  or  in  lands  taken  for  debts  previously  contract- 
ed ;  nor  take  more  than  at  the  rate  of  six  per  cent  per 
annum  for  or  upon  its  loans. 

SECT.  7.  The  bills  or  notes  issued  by  the  bank,  signed  Mode  of  issu 
by  the  president,  and  countersigned  by  the  cashier,  prom-  ID?  !  8> 
ising  the  payment  of  money  to  any  person,  or  order,  or 
to  bearer,  shall  be  obligatory  on  the  bank,  and  payable 
on  demand,  and  be  assignable  according  to  the  custom  of 
merchants,  and  the  laws  relating  to  inland  bills  of  ex- 
change.    And  all  negotiable  notes,  duly  executed,  may  Notes  indors- 
be  indorsed  to  the  bank,  in  the  same  manner,  and  on  the  ed  to  the 
same   principles  as  to    individuals,  and  the  bank  may     ' 
maintain  suits  thereon  to  recover  the  money. 

This  act  shall  be  subject  to  be  revoked,  or  altered,  at  Revocable, 
the  pleasure  of  the  general  assembly. 

CHAP.  IV. 

An  Act  to  incorporate  the  Middletown  Bank. 

-  l[fc  E  it  enacted  by  the  Senate  and  House,  of  Rep - 
f^resentatives  in  General  Assembly  convened, 
That  the  stockholders  of  the  Middletown  Bank  establish- 
ed at  Middletown,  their  successors  and  assigns,  shall  be 
and  remain  a  corporation  and  body  politic,  by  the  name 
of  the  "  President,  Directors,  and  Company  of  the  Mid-  Name. 
dletown  Bank?"*  and  by  that  name  shall  be  capable  to  General  pow- 
have,  purchase  and  enjoy  all  kinds  of  estate,  real  and  per-  ers. 
sonal,  and  the  same  to  demise,  alien,  or  dispose  of ;  to 
sue  and  be  sued  in  all  courts ;  to  make,  have,  and  use  a 
common  seal,  and  the  same  to  break,  alter,  and  renew  at 
pleasure  ;  and  to  establish  and  put  in  execution  such  by- 
laws, ordinances  and  regulations,  as  may  be  deemed  ex- 
pedient for  the  well-ordering  of  the  concerns  of  said 
corporation,  not  contrary  to  their  charter,  the  laws  of  the 
state,  or  of  the  United  States  :  and,  generally,  to  do  and 
execute  all  such  matters  and  things  as  to  them  shall  ap- 
pertain, subject  to  the  regulations  hereinafter  prescribed. 


72 


Title  6.     Banks. 


How  stock- 
holders may 

vote. 

Stock  assign- 
able. 


Affairs  of 
bank,  how 
managed. 


Capital  stock.  SECT*  2'  The  caPital  stock  of  the  bank  shall  consist 
of  five  hundred  thousand  dollars,  divided  into  shares  of 
one  hundred  dollars  each.  The  stockholders  in  any 
meeting,  shall  be  entitled  to  as  many  votes,  as  they  have 
shares  in  the  bank,  and  may  vote  by  themselves,  or  agents 
duly  appointed.  The  stock  or  shares  shall  be  assignable 
according  to  such  rules  as  shall  be  prescribed  by  the 
stockholders  of  the  bank. 

SECT.  3.  The  affairs  of  the  bank,  shall  be  under  the 
government  of  eleven  directors,  who  shall  be  elected  on 
the  first  Thursday  of  January  annually,  by  a  majority  of 
votes  given  in  by  the  stockholders  at  a  general  meeting  : 

Directors,how  all  elections  for  directors  shall  be  by  ballot :  and  twenty 
days  previous  to  an  election,  or  general  meeting,  public 
notice  thereof  shall  be  given,  by  order  of  the  directors, 
in  a  newspaper  published  in  Middletown,  and  in  such 
other  place  or  places  as  shall  be  judged  expedient  by  the 
directors  ;  and  the  directors,  at  their  first  meeting  after 
each  election,  shall  choose  one  of  their  number  for  pre- 
sident. None  but  stockholders  shall  be  eligible  as  direc- 

Whoareeligi-  tors:  not  less  than  two  thirds  of  the  directors  shall  be 

We-  actually  resident  in   Middletown :  nor  shall  more  than 

three  fourths  of  the  directors  in  office,  exclusive  of  the 
president,  be  eligible  as  directors  the  next  succeeding 
year  :  but  the  director,  who  is  president  at  any  election, 
may  always  be  elected  a  director ;  and  in  case  of  the 
death  or  resignation  of  any  director,  his  place  may  be 
supplied  by  a  new  choice,  for  the  remainder  of  the  year, 
if  a  majority  of  the  directors  judge  it  expedient ;  and  in 
case  of  the  death  or  resignation  of  the  president,  his  place 
shall  be  supplied  by  a  new  choice  for  the  remainder  of 
the  year.  Not  less  than  three  directors  shall  constitute 
a  board  for  the  transaction  of  business  ;  and  no  director 
shall  be  entitled  to  any  emolument  for  his  attendance  on 
the  business  of  the  bank,  unless  the  same  shall  have  been 
allowed  by  the  stockholders  at  a  general  meeting,  except 
the  president,  who  shall  receive  such  compensation,  for 
his  extraordinaoy  attendance  at  the  bank,  as  the  directors 
shall  judge  to  be  reasonable. 

SECT.  4.  Every  cashier,  treasurer,  or  clerk,  employ- 
ed in  the  bank,  shall,  before  entering  on  the  duties  of  his 

to  give  bonds,  office,  give  bond,  with  two  or  more  sureties,  to  the  satisfac- 
tion of  the  directors,  in  such  sum  as  they  shall  order,  con- 
ditioned for  the  faithful  discharge  of  his  trust. 

SECT.  5.  Dividends  shall  be  made,  at  least  once  a  year, 
of  so  much  of  the  profits  of  the  bank,  as  shall  appear 
advisable  to  the  directors  ;  and  whenever  thereto  requir- 
ed, they  shall  make  known  the  state  of  the  bank  to  the 
stockholders,  at  a  general  meeting. 


Vacancies 
supplied. 


Board  of  di- 
rectors. 


Cashier,  &c. 


Dividends. 


Titled   Banks.  73 

SECT.  6.  The  capital  stock  of  the  bank  shall  not  be  Limitation  of 
employed  otherwise,  than  in  the  usual  course  of  banking  busin«88- 
business :  nor  shall  there  be  taken  more  than  at  the  rate 
of  six  per  cent  per  annum,  for  and  upon  its  loans,  or  dis- 
counts. The  debts,  whether  by  bond,  bill  or  note,  shall 
not  at  any  tinve  exceed  fifty  per  cent,  over  and  above  the 
amount  of  its  capital  stock,  and  of  the  monies  actually 
deposited  in  the  bank  for  safe  keeping.  The  stockhold- 
ers, at  a  general  meeting,  may,  at  their  discretion,  order 
a  part,  not  exceeding  one  half  of  the  stock,  to  be  vested  in 
the  funded  debt  of  the  United  States;  estimating  at  par, 
that  part  of  the  debt  which  bears  an  accruing  interest 
of  six  percent  per  annum. 

SECT.  7.  The  bills  or  notes  issued  by  the  bank,   sign-  Bills  issued 
ed  by  the   president,  and  countersigned  by  the  cashier,  by  the  bank 
promising  the  payment  of  money  to  any  person  or  or- 
der, or  to  bearer,  shall  be  obligatory  on  the   bank,  and 
payable  on  demand ;  and  shall  be  negotiable,  according 
to  the  custom  of  merchants,  and  the  laws  relating  to  in- 
land bills  of  exchange.   And  all  negotiable  notes,  duly  ex- 
ecuted,   may    be    indorsed    to    the  bank,   in    the   same 
manner,  and  on  the  same  principles  as  to  individuals  ;  and 
the  bank  may  bring  suits  thereon  to  recover  the  money. 

SECT.  8.  The  directors  of  the  bank,  shall  have  power  ^acd.uc.ti°°   £f 
to  reduce  the  capital  stock  to  a   sum  not  less  than  two  capl  a 
hundred  and  fifty  thousand  dollars,  exclusive  of  what  is, 
or  may  be  invested  therein  by  the  state,  and  to  adopt 
such    measures  for  effecting  the  same  as  the  interest  of 
the  bank  and  the  public  may  require  :  provided,  that  such 
reduction  shall  not  exceed  fifty  thousand  dollars  in  any 
one  year. 

SECT.  9.  This  act  may  be  repealed  or  altered  by  the  Revocable, 
general  assembly,  when  it  shall  be  judged  expedient. 

CHAP.  V. 

An  Act  to  incorporate  the  Norwich  Bank. 

T>  E  it  enacted  by  the  Senate  and  House  of  Rep- 
CT*     '    \Mre.sentatiries,  in  General  Assembly  convened, 
That  the  stockholders  of  the  Norwich  Bank,  their  suc- 
cessors and  assigns,  be.  and  they  are  hereby  made,  consti- 
tuted and  created,  a  corporation  and  body  politic,  by  the 
name  and  style  of  "  The  President,  Directors,  and  Com-  Name  of  cor- 
pany  of  the  Norwich  Bank,"  and  by  that  name  shall  be,  poration. 
andarehereby  made  capable  in  law,  to  purchase  and  hold,  General  pow- 
all  kinds  of  estate,  real  and  personal,  and  the  same  to  ers- 
manage,  sell,  dispose  of  and  convey ;  to  sue  and  be  sued  : 

10 


74 


Title   6.     Banks. 


Capital  stock* 


Directors. 


plead  and  be  impleaded,  defend  and  be  defended,  in  any 
court  whatever ;  to  make  and  have  a  common  seal,  and 
the  same  to  alter,  break  and  renew  at  pleasure  ;  to  ordain, 
establish,  and  put  in  execution  such  by-laws,  ordinances 
and  regulations,  as  to  them  shall  seem  necessary,  for  the 
well  ordering  of  the  affairs  of  the  corporation,  not  con- 
trary to  their  charter,  the  laws  of  the  state,  or  of  the  United 
States ;  and  generally,  to  do  and  execute  all  and  singular 
acts,  matters  and  things,  which  to  them  shall  appertain, 
subject  to  the  rules,  limitations,  and  restrictions,  herein- 
after provided. 

SECT.  2.  The  capital  of  said  bank  shall  consist  of  not 
less  than  seventy-five  thousand,  nor  more  than  two  hun- 
dred thousand  dollars,  to  be  divided  into  shares,  of  one 
hundred  dollars  each. 

SECT.  3.  The  affairs  of  the  bank,  as  to  transfers  and 
other  matters,  not  herein  regulated,  shall  be  under  the 
management  of  thirteen  directors,  who  shall  be  annually 
chosen,  on  the  third  Monday  of  June,  at  a  general  meet- 
ing of  the  stockholders,  to  serve  one  year  from  their  elec- 
tion ;  and  in  case  of  the  death  or  resignation  of  any  di- 
rector, the  other  directors  may  choose  a  person,  being  a 
stockholder,  to  fill  his  place ;  which  appointment  shall 
continue  till  the  next  annual  meeting  ;  and  the  directors, 
at  the  first  meeting  after  their  election,  shall  choose  one 
of  their  number  president,  who  shall  hold  his  office  till 
the  then  next  annual  meeting. 

SECT.  4.  The  number  of  votes  to  which  each  stock- 
holder shall  be  entitled,  shall  be  according  to  the  num- 
ber of  shares  he  shall  hold,  in  the  proportion  following, 
to  wit : — For  one  share,  and  not  more  than  two  shares, 
one  vote  ;  for  every  two  shares  above  two  shares,  and 
not  exceeding  ten  shares,  one  vote  ;  for  every  four 
shares  above  ten  shares,  and  not  exceeding  thirty  shares, 
one  vote ;  for  every  six  shares  above  thirty  shares,  one 
vote.  No  person,  co-partnership,  or  body  politic,  shall 
be  entitled  to  a  greater  number  than  twenty  votes :  stock- 
holders actually  resident  in  this  state,  and  none  others, 
may  vote  in  elections,  personally  or  by  proxy,  or  be  eligi- 
ble as  directors. 

SECT.  5.  One  fourth  part  of  the  stockholders,  or  more, 
being  proprietors  of  at  least  two  hundred  shares,  shall 
have  power,  at  any  time,  to  call  a  general  meeting  of  the 
stockholders,  for  the  purposes  relative  to  the  institution, 
giving  at  least  one  week's  notice  in  the  public  gazette  of 
the  place  where  the  bank  is  kept,  and  specifying  in  such 
notice  the  object  of  the  meeting. 

Com  nsation  SECT-  6«  No  director  shall  be  entitled  to  any  emolu- 
ment for  his  attendance  on  the  business  of  the  bank, 
unless  the  same  shall  have  been  allowed  by  the  stock - 


President. 


Voting. 


General  meet- 
ings, how 
called. 


Title  6.    Banks.  75 

holders  at  a  general  meeting  ;  and  they  shall  make  such 
compensation  to  the  president,  for  his  extraordinary  at- 
tendance at  the  bank,  as  shall  appear  to  them  reasonable. 
Not  less  than  three  directors,  shall  constitute  a  board,  for 
the  transaction  of  business.  Yearly  or  half  yearly  divi-  Diyjdendi 
dends  shall  be  made,  of  so  much  of  the  profits  of  the  bank, 
as  shall  appear  to  the  directors  advisable  ;  and  the  state  of 
the  bank,  shall  be  made  known  to  the  stockholders,  by  the 
directors,  at  a  general  meeting,  whenever  they  are  there- 
to required. 

SECT.  7.   The  bills  or  notes  issued  by  the  bank,  signed  Bills  and  notes 
by  the  president,  and  countersigned  by  the  cashier,  or  °f  the  bank. 
treasurer  thereof,  promising  the  payment  of  money  to 
any  person  or  order,  or  to  bearer,  shall  de  obligatory  on 
the  bank,  and  shall  be  assignable  according  to  the  custom 
of  merchants,  and  the  laws  relative  to  inland  bills  of  ex- 
change.    And  all  negotiable  notes,  duly  executed,  may  Notes  indors- 
be  indorsed  to  the  bank,  in  the  same  manner,  and  on  the  ed  to  the  ban^- 
same  principles,  as   to  individuals,  and  the  bank  may 
maintain  suits  thereon,  to  recover  the  money.     The  cap- 
ital stock  of  the  company  shall  not  be  employed  other-  Buginegg 
wise,  than  in  the  ordinary  course  of  banking  business  ; 
and  the  bank  shall  not  take  more  than  at  the  rate  of  six 
per  cent  per  annum,  upon  its  loans  or  discounts. 

SECT.   8.  The  total  amount  of  the  debts  which  the  said  D  , 
corporation  shall  at  any  time  owe,  shall  not  exceed  fifty  b^k?  ° 
per  cent,  over  and  above  the  capital  stock  of  the  bank, 
and  beyond  the  amount  of  the  monies  at  any  time  depos- 
ited in  the  bank  for  safe  keeping.     And  all  notes  issued 
by  the  bank,  shall  be  paid  at  the  bank,  on  demand,  in  sil- 
ver or  gold  coin. 

SECT.  9.  This  act,  or  any  part  thereof,  maybe  altered  or  Revocable, 
repealed,  at  the  pleasure  of  the  general  assembly. 

CHAP.  VI. 

An  Act  to  incorporate  the  Bridgeport  Bank. 

1     T^^  ^  enactedty  the  Senate  and  House  ofRep- 
Lj  resentatives  in  General  Assembly  convened, 
That  the  stockholders  of  the  Bridgeport  Bank,  their  suc- 
cessors and  assigns,  shall  be  and  remain  a  corporation 
and  body  politic,  at  the  borough  of  Bridgeport,  by  the 
name  of  the  "  President,  Directors,  and  Company  of  the  Name  of  cor- 
Bridgcport  Bank,"  and  by  that  name  shall  be,  and  are  poration. 
hereby  made  capable,  to  have,  purchase,  receive,  pos-  General  pow- 
sess,  and  enjoy,  to  them  and  their  successors,  all  kinds  of  en. 
real  and  personal  estate,  and  the  same  to  sell,  grant,  demise, 
and  dispose  of  at  pleasure ;  to  sue  and  be  sued,  plead  and 


76 


Title  6.     Banks. 


Capita)  stock. 


.Each  share 
entitled  to  a 
rote. 


Stock  assigna- 
ble. 


Number  of  di- 
rector? and 
how  chosen. 


To  choose 
president. 


Who  may  be 
elected. 
\\  here  to  re- 
side. 


Three  to  con- 
stitute a 
board. 


be  impleaded,  answer  and  be  answered,  defend  and  be 
defended,  in  all  courts  ;  and  also  to  have,  make,  and  use 
a  common  seal,  and  the  same  to  break,  alter,  and  renew 
at  pleasure ;  and  to  ordain,  establish,  and  execute  such 
by-laws,  ordinances,  and  regulations,  as  shall  be  deemed 
necessary  and  convenient,  for  the  well  ordering  and 
government  of  said  corporation,  not  contrary  to  the  laws 
of  the  United  States,  or  of  this  state  ;  and  to  do  and  exe- 
cute all  and  singular  acts,  and  things,  and  to  transact  all 
business,  which  to  them  shall  appertain,  sub-ect  to  the 
restrictions  and  provisions  herein  after  prescribed. 

SECT.  2.  The  capital  stock  of  said  bank  shall  consist  ofnot 
less  than  fifty  thousand  dollars,  normore  than  two  hundred 
thousand  dollars,  divided  into  shares  of  two  hundred  dol- 
lars each.  Any  person,  co-partnership,  or  body  pol- 
itic, may  hold  any  number  of  shares  :  and  each  share 
shall  entitle  the  holder  thereof  to  a  vote  in  the  meetings 
of  the  stockholder's  of  the  bank,  for  transacting  the  busi- 
ness thereof:  and  each  stockholder  may  vote  in  person, 
or  by  agent,  duly  appointed,  according  to  his  number  of 
shares.  The  stock,  or  shares,  shall  be  assignable  ac- 
cording to  such  rules  as  shall  be  prescribed  by  the  stock- 
holders of  the  bank. 

SECT.  3.  And  for  the  well  ordering  the  affairs  of  said 
corporation,  there  shall  be  nine  directors  chosen  on  the 
first  Wednesday  of  July,  annually,  by  a  majority  of  votes 
given  in  by  the  stockholders  of  said  bank,  at  a  general 
meeting  :  ahd  those  who  shall  be  duly  chosen  at  an  elec- 
tion, shall  be  capable  of  serving  as  directors  until  the  ex- 
piration of  the  first  Wednesday  in  July,  next  ensuing  such 
election ;  and  the  directors,  at  their  first  meeting,  after 
such  election,  shall  choose  one  of  their  number  for  pres- 
ident. And  in  case  of  the  death,  resignation,  or  remov- 
al of  a  director,  or  president,  his  place  may  be  supplied 
by  a  new  choice,  for  the  remainder  of  the  year :  and 
all  elections  for  president  and  directors,  shall  be  by  bal- 
lot. None  but  stockholders  shall  be  eligible  as  directors, 
and  not  less  than  two  thirds  of  the  directors  shall  be  ac- 
tually resident  in  the  county  of  Fairfield,  and  not  less 
than  four  of  said  directors  shall  be  resident  in  said  bor- 
ough of  Bridgeport :  nor  shall  more  than  three  fourths  of 
the  directors  in  office,  exclusive  of  the  president,  be  eli- 
gible as  directors  by  the  stockholders,  the  next  succeed- 
ing year ;  but  the  director,  who  shall  be  president  at  any 
election,  may  always  be  elected  a  director  :  and  not  less 
than  three  directors  shall  constitute  a  board  for  business, 
of  whom  tbe  president  shall  always  be  one,  except  in  case 
of  sickness,  or  necessary  absence,  in  which  case  the  di- 
rectors shall  supply  his  place,  by  electing  one  of  their 


Title  6.     Banks.  77 

number  as  president  for  the  occasion:  and  no  director  Norotnpen?a- 

shall  be  entitled  to  any  emolument  for  his  attendance  on 

the  business  of  the  bank,  unless  the  same  shall  have  been 

allowed  by  the  stockholders,  at  a  general  meeting,  except 

the  president,  who  shall  receive  such  compensation  for 

his  extraordinary  attendance  on  the  business  of  the  bank, 

as  the  directors  shall  judge  reasonable. 

SECT.  4.  The  directors,  for  the  time  being,  shall  have  Directors  to 
power  to  appoint  such  officers,  clerks,  and  servants,  as  appoint  offi- 
they  shall  judge  necessary,  for  executing  the  business  of  ce™ ' 
the  bank,  and  to  allow  them  such  compensation  for  their 
services  as  they  shall  judge  reasonable  ;  and  every  cash- 
ier, treasurer,  or  clerk,  employed  in  the  bank,  shall,  be- 
fore entering  on  the  duties  of  his  office,  give  bond,  with  who  shall  give 
two  or  more  sureties,  to  the  satisfaction  of  the  directors,  bond«. 
in  such  sum  as  they  shall  order,  conditioned  for  the  faith- 
ful discharge  of  his  trust. 

SECT.  5.  The  directors,  by  a  majority  of  votes,  shall  Duty  of  di- 
determine  the  manner  of  doing  business,  and  the  rules  to  rectors5 
be  prescribed,  and  shall  dispose  of  and  manage  the  mon- 
ey and  credits  of  the  bank,  for  the  benefit  of  the  proprie- 
tors, and  shall,  once  in  six  months,  make  such  dividends  to  make  divi- 
of  the  profits  as  they  shall  think  proper  :  provided  they  dends- 
shall,  in  no  instance,  do  any  act  contrary  to  the  regula- 
tions of  the  stockholders;  and  the  directors  shall,  annual-   Annual  state- 
ly, lay  before  the  stockholders  a  statement  of  the  con-  meat, 
cerns  of  the  bank. 

SECT.  6.  The  bank  shall  not  trade  in  any  thing  except  In  what  arti- 
bills  of  exchange,  gold  or  silver  bullion,  foreign  bank  trade       "^ 
notes,  or  in  sale  of  goods  pledged  for  money  lent  and  not 
redeemed  in  due  time,   or  in  lands  taken  for  debts  pre- 
viously contracted,  or  on  mortgage ;  nor  shall  the  bank 
take  more  than  at  the  rate  of  six  per  cent  per  annum  for 
or  upon  its  loans.     The  total  amount  of  the  debts  which  Amount  or 

the  bank  shall  at  anytime  owe,  whether  by  bond,  bill,  or  debt8  not 

i    11  i  /•/».  i  .1       more  than  nf- 

note,  shall  not  exceed  fifty  per  cent  over  and  above  the  ty  per  cent  on 

capital  stock,  and  the  amount  of  the  money,  or  bullion  capital. 
deposited  in  the  bank  for  safe  keeping  ;  and  all  notes  is- 
sued at  the  bank  shall  be  payable  in  gold  or  silver  coin. 

SECT.  7.  The  bills  or  notes  issued  by  the  bank,  signed  Bil)s  a"d 
by  the  president,  and  countersigned  by  the  cashier,  prom-  J°]JJ of  lhe 
ising  the  payment  of  money  to  any  person,  or  order,  or  to 
bearer,  shall  be  obligatory  on  the  bank  and  payable  on 
demand  ;  and  shall  be  negotiable  according  to  the  custom 
of  merchants,  and  the  laws  relating  to  inland  bills  of  ex- 
change.  And  all  negotiable  notes,  duly  executed,  may  be 
indorsed  to  the  bank,  in  the  same  manner,  and  on  the  Notes 
same  principles,  as  to  individuals,    and  the   bank  may  indorsed  i» 
maintain  suits  thereon  for  the  recovery  of  the  money. 


1      Title  6.     Banks. 

SECT.  8.  This  act  shall  be  a  public  act,  and  liable  to  al- 
teration or  repeal. 

CHAP.  VII. 

An  Act  to  incorporate  the  New-London  Bank. 

.  T3  E  *'  enacted  ty  the  Senate  and  House  of 
13  Representatives,  in  General  Assembly  con- 
vened, That  the  stockholders  of  the  bank,  established  at 
New-London,  their  successors  and  assigns,  shall  be  and  re- 
main a  corporation,  and  body  politic,  by  the  name  of 
"  The  President.  Directors,  and  Company  of  the  New- 
London  Bank,"  and  by  that  name  shall  be  capable  in 
^aw  *°  Purcnase?  and  bold  all  kinds  of  estate,  real  and 
personal,  and  the  same  to  dispose  of  and  alien,  to  sue 
and  be  sued,  in  all  courts  whatever  ;  to  have  and  use  a 
common  seal,  such  as  they  may  devise  ;  and  to  make 
and  carry  into  effect,  such  by-laws  as  may  be  deemed 
expedient  for  the  proper  management  of  the  affairs  of 
the  corporation,  not  repugnant  to  this  act,  the  laws  of 
this  state,  or  of  the  United  States  ;  and  generally,  to  do 
and  cause  to  be  executed,  all  such  acts  and  things  ag  to 
them  may  appertain,  subject  to  the  provisions  herein 
contained. 

directors.  SECT.  2.  For  well  ordering  the  affairs  of  the  corpora- 

tion, there  shall  be  nine  directors,  who  shall  be  elected 
annually,  by  the  stockholders  in  general  meeting.  None 
but  stockholders  shall  be  eligible  as  directors  ;  and  not 
less  than  two  thirds  of  the  directors  shall  be  resident  in 

President.  New-London.  At  their  first  meeting  after  such  election, 
the  directors  shall  chose  one  of  their  number  for  presi- 
dent ;  and  when  the  place  of  president  or  director, 
shall  become  vacant,  by  resignation,  or  otherwise,  the 
same  may  be  supplied  by  the  choice  of  the  directors,  for 
the  remainder  of  the  year.  All  elections  for  directors 
and  president,  shall  be  by  ballot. 

Annual  meet-       SECT.  3.  A  general  meeting  of  the  stockholders,  shall 

in$  of  stock-  jje  holden  on  the  first  Tuesday  of  July  annually,  when  di- 
rectors shall  be  chosen.  A  general  meeting  may  be 
called  whenever  the  directors  shall  think  proper ;  and  fif- 
teen days  previous  to  any  general  meeting,  whether  stated 
or  special,  notice  thereof  shall  be  given  in  a  newspaper, 
published  in  New-London,  and  in  such  other  manner  as 
the  directors  shall  order.  All  stockholders  shall  be 
entitled  to  vote,  at  any  general  meeting,  in  person  or  by 
proxy  :  and  oue  vote  shall  be  allowed  for  each  share. 


Title  6.     Banks.  79 

SECT.  4.    A   board   for  the   transaction   of  business  Board  of  di- 
shall  consist  of  not  less   than  three  directors  :  and   no  rector»- 
director  shall  be  entitled  to  any  emolument  for  attend- 
ing to  the  duties  of  his  office,  except  the  president,  who 
shall  receive  such  compensation,  as  the  board  of  direc-  Compensa- 
tors may  judge  reasonable,  for  his  extraordinary  services.    " 
A  cashier,  and  such  other  officers  and  agents,  as  may  be  officers  and 
requisite  for  performing  the   business  of  the  bank,  shall  agents  of  the 
be  appointed,  and  their  compensation  shall  be  regulated  bank- 
by  the  board  of  directors,  who  may  determine  the  secu- 
rities to  be  given  by   any  of  them,  for  the  faithful  per- 
formance of  their  trust. 

SECT.  5.  The  board  of  directors,  shall  have  the  dis-  Powers  of  the 
posal,  and    management    of  the    monies,   credits   and     ° 
property  of  the  corporation,  with  power  to  regulate  the 
concerns  thereof,  in  all  cases  not  herein^  otherwise  pro- 
vided for :  but  the  capital  stock  of  the  bank,  shall  not  be 
employed    otherwise,  than  in    the  ordinary    course  of 
banking  business  :  nor  shall  there  be  taken  more  than  at 
the  rate  of  six  per  cent  per  annum  :  and  dividends  of  the 
profits  shall  be  made  semi-annuaily.     The  debts  of  the  Debts  of  the 
corporation,  whether  by  bill,  bond,  or  note,  shall  not,  at  bjnk  restrict- 
any  time,  exceed  fifty  per  cent,  over  and  above  the  total 
amount  of  the  capital  stock,  and  of  the  monies  deposited 
in  the  bank  for  safe  keeping  :  and  all  notes  issued  by  the 
bank,  shall  be  paid  at  the  bank,  on  demand,  in  silver  or 
gold  coin. 

SECT.  6.  The  bills  or  notes  of  the  corporation,  signed  Bills  and  notes 
by  the  president,  and  countersigned   by  the  cashier  or  of  the  bank, 
treasurer  thereof,  promising  the  payment  of  money  to 
any  person  or  order,  or  to  bearer,  shall  be  obligatory  on 
the  corporation,   according   to  the  tenor   thereot ;  and 
shall  be  assignable  according  to  the  custom  of  merchants, 
and  the  law  relative  to  inland  bills  of  exchange.     And  all 
negotiable  notes,  duly  executed,  may  be  indorsed  to  the  Notes  inaors_ 
bank,  in  the  same  manner,  and  on  the  same  principles  as  ed  to  the 
to  individuals,  and  the  bank  may  maintain  suits    thereon  bank- 
to  recover  the  money.  \ 

SECT.  7.  The  capital  stock  of  said  bank  shall  consist  c  . 
at  least  of  two  thousand  shares,  of  one  hundred  dollars 
each,  which  shall  be  transferable,  according  to  such 
rules  as  shall  be  established  by  the  directors.  And  the 
•tockholders,  in  general  meeting,  may  authorise  the  di- 
rectors  to  open  new  subscriptions  for  increasing  the  same, 
to  such  amount  as  they  may  deem  expedient,  not  ex- 
ceeding five  thousand  shares  :  and  after  full  payment  of 
the  original  subscriptions,  until  the  capital  stock  of  said 
bank  shall  amount  to  five  thousand  shares,  it  shall  be  the 
duty  of  the  board  of  directors,  once  in  each  year,  to 


80 


Title   6.     Banks. 


Subscriptions  open  subscriptions  for  three  hundred  shares,  to  be  ad- 
;£raraedgdltlonal  ded  to  the  capital  stock  of  said  bai.k,  and  the  same 
to  continue  open  for  the  space-  of  ninety  days,  after 
giving  notice  thereof  in  one  or  more  of  the  newspapers, 
printed  in  this  state,  during  which  time  subscriptions 
shall  be  received  from  the  citizens  of  this  state,  who 
may  become  stockholders,  upon  paying  upon  each  share, 
the  sum  of  one  hundred  dollars,  with  an  advance  of 
four  per  cent,  which  advance  shall  be  divided  among  the 
stockholders,  according  to  the  shares  by  them  holden  at 
the  time  of  opening  any  such  subscription.  And  the  profits 
to  be  divided  upon  shares  which  may  be  so  added  to  the 
capital  stock,  shall  begin  to  accrue  after  the  dividend 
to  be  made  within  the  succeeding  half  year.  If,  at  any 
time,  more  than  three  hundred  shares  shall  be  so  sub- 
scribed. within  the  space  of  ninety  days,  the  respective 
subscriptions,  after  allowing  one  share  to  each  subscri- 
ber. shall  be  reduced,  at  the  discretion  of  the  directors, 
so  as  not  to  exceed  the  number  of  three  hundred  shares. 
to  be  added  as  aforesaid.  And  the  board  of  directors 
are  hereby  authorised,  in  case  they  shall  judge  it  expe- 
Swpension  of  <Jient,  to  suspend  the  payment  of  the  whole,  or  any  part 
payment.  ^  ^e  ^wo  jas<;  instalments  on  the  two  thousand  shares, 
subscribed  towards  constituting  the  capital  stock  of  the 
bank;  and  whenever  they  shall  require  either  of  the  in- 
'  stalmensts  to  be  paid,  in  whole  or  in  part,  they  shall 
give  notice  of  the  time  of  payment  and  the  sum  to  be 

Said  on  each  share,  in  a  newspaper  printed  in  New-Lon- 
on  or  ^Norwich,  at  least  ninety  days  before  the  time 
appointed  for  payment  :  and  in  case  of  failure  to  make 
any  payment  so  required,  the  party  failing  shall  lose 
the  benefit  of  any  dividend  accruing  during  the  time 
such  payment  may  have  been  delayed. 

Subscriptions  SECT.  8.  The  bank  shall  be  open,  at  all  times,  for 
from  funds  of  subscriptions,  at  the  rate  of  one  hundred  dollars  for 
the  ?tate,  ec-  eac]j  snjrre,  to  be  paid  from  the  funds  of  the  state. 
Pieties  !tc.  *"~  or  any  °^  *ne  ecclesiastical  societies,  schools  or  corpora- 
tions for  charitable  purposes,  within  the  state  ;  but  such 
shares  shall  not  be  transferable.  And  the  monies  for 
such  shares,  may,  at  any  time,  be  withdrawn  from  the 
bank,  on  giving  six  months'  notice  to  the  directors. 
Whenever  five  hundred  shares  in  the  stock  of  said  bankp 
shall  be  holden  as  aforesaid,  by  this  state,  or  such  societies. 
schools  and  corporations,  the  holders  thereof  shall  be  en- 
titled. at  any  annual  meeting  of  the  stockholders,  to 
choose  one  director,  who  shall  continue  in  office  in  like 
manner  as  other  directors  ;  and  in  making  such  choice  oJ 
a.  director,  one  vote  shall  be  allowed  for  each  share  so 
holden  ;  but  no  other  votes  shall  be  allowed  on  account 


Title  6.  Banks.  81 

•of  any  such  shares  in  any  general  meeting  of  the  stockhold-  p°tTQenrof  revo* 
ers.     Provided,  that  this  act  may  be  altered,  amended,  or  Ci 
revoked,  by  the  general  assembly. 

CHAP.  VIII. 

An  Act  to  incorporate  the  Derby  Bank. 

1^  E  it  enacted  by  the  Senate,  and  House  of  Rep- 
*^.  resentattves,  in  General  Assembly  convened, 
That  the  stockholders  of  the  Derby  Bank,  at  Derby, 
shall  be,  and  remain  a  body  politic  and  corporate,  by  the 
name  of  "  The  President.  Directors  and  Company  of  Name. 
the  Derby  Bank,"  and,  by  that  name,  shall  be  capable  in  General  paw 
law  to  purchase  and  hold  all  kinds  of  estate,  real  and  per-  en. 
soual,  and  the  same  to  sell,  dispose  of,  and  convey ;  to 
sue  and  be  sued,  in  all  courts  whatever  ;  to  have  and  use 
a  common  seal,  such  as  they  may  devise  ;  and  to  make 
and  carry  into  effect  such  by-laws  and  regulations  as  may 
be  deemed  expedient,  for  the  proper  management  of  the 
affairs  of  the  corporation,  not  repugnant  to  their  charter, 
the  laws  of  the  state,  or  of  the  United  States  ;  and  gene- 
rally, to  do  and  cause  to  be  executed,  all  such  acts  and 
things  as  to  them  may  appertain,  subject  to  the  provisions 
hereinafter  contained. 

SECT.  2.  The  capital  stock  of  the  bank  shall  consist  of  Capital  stock 
one  thousand  shares,  of  one  hundred  dollars  each,  which 
shall  be  transferable,  according  to  such  rules  as  may  be 
established  by  the  directors  :  provided,  that  if  the  stock- 
holders, at  a  general  meeting,  should  hereafter  judge  the 
increase  of  trade  to  require  an  addition  thereto,  a  new 
subscription  may  be  opened  for  enlarging  the  capital 
stock,  not  exceeding  one  thousand  shares,  at  one  hun- 
dred dollars  each,  which  shall  be  subscribed  and  filled, 
in  such  manner  as  the  assembly  may  direct ;  and  no  per- 
son, or  copartnership,  shall  be  allowed  to  subscribe  more 
than  one  hundred  and  twenty  shares.  And  no  corpora- 
tion, or  body  politic,  other  than  herein  specified,  shall 
hold  any  share  in  the  stock  of  said  bank. 

SECT.  3.  For  the  well  ordering  of  the  affairs  of  the  cor-  Director, 
poration,  there  shall  be  eleven  directors,  who  shall  be 
elected,  annually,  by  the  stockholders,  in  general  meet- 
ing. None  but  stockholders  shall  be  eligible  as  directors. 
Not  more  than  three-fourths  of  the  directors  in  office,  ex- 
clusive of  the  president,  shall  be  eligible  for  the  succeed- 
ing year  :  and  no  director,  exclusive  of  the  president, 
shaM  hold  the  office  of  director  for  a  lo  iger  term  than 
three  years  in  succession  ;  after  which  such  director  shall 
11 


f/fe  6.    Banks. 


President 


Annual  meet- 
ing. 


Meetings,  how 
called. 


Votinj. 


Board  of  di- 
rectors. 


Compensa- 
tion. 


Officers  and 

agents. 


Their  com- 
pensation. 


Powers  i 
rectors. 


Restrictions. 


be  ineligible  for  one  year ;  but  any  of  the  directors,  resi- 
dent m  Derby,  not  exceeding  three,  may  be  eligible  as 
directors,  at  any  annual  election. 

SECT.  4.  At  their  first  meeting,  after  each  election, 
the  directors  shall  choose  one  of  their  number  for  presi- 
dent; and  whenever  the  place  of  president  or  director  shall 
become  vacant,  by  resignation,  or  otherwise,  the  same 
may  be  supplied  by  choice  of  the  directors  for  the  remain- 
der of  the  year.  All  elections,  for  president  or  directors, 
shall  be  by  ballot. 

SECT.  5.  A  general  meeting  of  the  directors  shall  be 
holden  on  the  first  Tuesday  of  July,  annually,  when  di- 
rectors shall  be  chosen.  A  general  meeting  may  be  cal- 
led, whenever  the  board  of  directors  may  think  proper  ; 
and  fifteen  days  previous  to  any  general  meeting,  wheth- 
er stated  or  special,  notice  thereof  shall  be  given,  in  a 
newspaper  published  in  the  city  of  New-Haven,  and  in 
such  other  manner  as  the  directors  may  order.  All 
stockholders  shall  be  entitled  to  vote,  at  any  general 
meeting,  in  person,  or  by  proxy ;  and  one  vote  shall  be 
allowed  to  each  share. 

SECT.  6.  A  board  for  the  transaction  of  business,  shall 
consist  of  not  less  than  three  directors,  of  which  the 
president  shall  always  be  one,  except  in  the  case  of  sick- 
ness, or  necessary  absence,  in  which  case  the  directors 
present,  shall  supply  his  place,  by  electing  one  for  the 
occasion.  And  no  director  shall  be  entitled  to  any  emol- 
ument for  attending  to  the  duties  of  his  office,  except  the 
president,  who  shall  receive  such  compensation  as  the 
board  of  directors  may  judge  reasonable,  for  his  extraor- 
dinary services. 

SECT.  7.  A  cashier,  and  such  other  officers  and  agents, 
as  may  be  requisite  for  performing  the  business  of  the 
company,  shall  be  appointed  ;  and  their  compensation 
shall  be  regulated  by  the  board  of  directors,  who  may  de- 
termine the  securities  to  be  given,  by  any  of  them,  for 
the  faithful  performance  of  their  trust. 

SECT.  8.  The  board  of  directors  shall  have  the  dispo- 
sal and  management  of  the  monies,  credits,  and  property 
of  the  corporation,  with  power  to  regulate  the  concerns 
thereof,  in  all  cases  not  herein  otherwise  provided  for. 
But  the  captial  stock  of  the  bank  shall  not  be  employed 
otherwise  than  in  the  ordinary  course  of  banking  busines; 
nor  shall  there  be  taken  more  than  at  the  rate  of  six  per 
cent  per  annum;  and  dividends  of  profit  shall  be  made 
semi-annually.  And  all  loans  and  discounts,  made  by 
said  bank,  shall  be  done  at  their  banking-house  in  Der- 
by only  ;  and  said  bank  shall  not  employ  any  agent  to  re- 
ceive deposits,  or  make  loans  in  their  behalf,  at  any  oth- 


Title  6.    Banks.  83 

er  place  in  the  state.  The  debts  of  the  corporation* 
whether  by  bond,  bill,  or  note,  shall  not,  at  any  time,  ex- 
ceed fifty  percent  over  and  above  the  amount  of  the  cap- 
ital stock  of  said  bank,  which  shall  have  been  paid  in,  and 
the  money  actually  deposited  in  the  vaults  thereof  for 
safe  keeping. 

SECT.  9.  The  bills  and  notes  of  the  corporation,  signed  Bills  and  notes 
by  the  president,  and  countersigned  by  the  cashier  or  of  the  bank' 
treasurer  thereof,  promising  the  payment  of  money  to  any 
person,  or  order,  or  to  bearer,  shall  be  obligatory  on  the 
corporation,  according  to  the  tenor  thereof,  and  shall  be 
assignable  according  to  the  custom  of  merchants,  and  the 
laws  relating  to  inland  bills  of  exchange.    And  all  nego- 
tiable notes,  duly  executed,  may  be  indorsed  to  the  bank,  Notes  indors- 
in  the  same  manner,  and  on  the  same  principles,  as  to  in-  Jj^|  '£ the 
dividuals ;  and  the  bank  may  maintain  suits  thereon  to 
recover  the  money. 

SECT.  10.  The  bank  shall  always  be  open  to  subscrip-  Subscriptions 
dons,  at.  the  rate  of  one  hundred  dollars  for  each  share,  ^  societl's> 
to  be  paid  from  the  funds  of  this  state,  or  any  of  the  ec- 
clesiastical societies,  schools,  or  corporations  for  char- 
itable purposes,  within  this  state  ;  but  such  shares  shall 
not  be  transferable  ;  and  the  monies  for  such  shares  may, 
at  any  time,  be  withdrawn  from  the  bank,  on  giving  six 
months'  notice  to  the  board  of  directors.  Whenever  five 
hundred  shares  in  the  stock  of  said  bank  shall  be  holden  as 
aforesaid,  by  the  state,  or  such  societies,  schools  and  cor- 
porations, the  holders  thereof  shall  be  entitled,  at  an  an- 
nual meeting  of  the  stockholders,  to  choose  one  director 
of  said  bank,  who  shall  continue  in  office  in  like  man- 
ner as  other  directors  :  and  in  making  such  choice  of  a 
director,  one  vote  shall  be  allowed  for  each- share  so  hol- 
den ;  but  no  other  vote  shall  be  allowed  on  account  of 
such  shares,  in  a  general  meeting  of  the  stockholders. 

SECT.  11.  This  act,  or  any  part  thereof,  may,  at  any  Power  of  r*> 
time,  be  altered,  amended,  or  repealed,  by  the  general  roc*tlon- 
assembly. 

CHAP.  IX. 

An  Act  to  incorporate  the  Eagle  Bank. 

.  1TJ  E  it  enacted  by  the  Senate  and  House  of  Rep - 
MJresenlatives  in  General  Assembly  convened, 
That  the  stockholders  of  the  Eagle  Batik,  their  successors 
and  assigns,  shall  be  and  remain  a  body  politic  and  cor- 
porate, by  the  name  of  the  "  President,  Directors,  and  Name  of  cor- 
Campany  of  the  Eagle  Bank  of  New-Hav*n»  and  by  *)on 


84  Title  6.     Banks. 

General  pow-  that  name  shall  be  capable  in  law  to  purchase  and  hold 
property,  both  real  and  personal,  and  the  same  to  sell  and 
com  ey  at  pleasure  ;  to  sue  and  be  sued,  in  all  courts  whatev- 
er ;  to  have  and  use  a  common  seal,  such  as  they  may  devise  j 
and  to  make  and  carry  into  effect,  such  by-laws  and  regu- 
lations, as  shall  be  deemed  expedient  for  the  proper 
management  of  the  affairs  of  the  corporation,  not  repug- 
nant to  their  charter,  the  laws  of  the  state,  or  of  the 
United  States  :  and,  generally,  to  do  and  cause  to  be  exe- 
cuted, all  such  acts  and  things  as  to  them  may  appertain, 
subject  to  the  provisions  herein  contained. 

Capital  stock.  SECT.  2.  The  capital  stock  of  said  bank  shall  consist 
of  five  thousand  shares,  of  one  hundred  dollars  each, 
which  shall  be  transferable  according  to  such  rules  as 
shall  be  established  by  the  directors;  together  with  such 
shares  as  have  i>een,  or  shall  be,  subscribed  by  the  state 
of  Connecticut,  the  school  fund,  any  college,  ecclesiastic- 
al society,  school,  or  corporation  for  charitable  purposes. 
And  whenever  payment  of  the  original  subscription  of  five 
thousand  shares  has  been  made,  the  stockholders,  at  a 
Additional  general  meeting,  may  authorise  the  directors  to  open  a 
subscriptions,  new  subscription,  for  such  amount  as  they  may  deem  ex- 
pedient, not  exceeding  two  thousand  five  hundred  shares  : 
and  it  shall  be  the  duty  of  the  directors  to  present  the 
said  resolution  to  the  next  general  assembly,  who  will  ap- 
point commissioners  to  receive  said  additional  subscrip- 
tion, in  the  same  manner  as  the  original  subscription  was 
made. 

Directors.  SECT.  3.  For  the  well  ordering  of  the  affairs  of  the 

bank,  there  shall  be  nine  directors,  who  shall  be  elected 
annually,  by  the  stockholders,  in  general  meeting.  None 
but  stockholders  shall  be  eligible  as  directors ;  and  not 
less  than  two  thirds  of  the  directors  shall  be  resident  in 
New-Haven.  At  their  first  meeting,  after  each  election, 
President.  the  directors  shall  choose  olie  of  their  number  for  pre- 
sident ;  and  whenever  the  place  of  president  or  director 
shall  be  vacant,  by  resignation,  or  otherwise,  the  same 
maybe  supplied,  by  the  choice  of  the  directors,  for  the  re- 
mainder of  the  year.  All  elections  for  directors,  or  pre- 
sident, shall  be  by  ballot.  No  person  shall  be  eligible  as 
director  for  more  than  three  years  out  of  four,  except  the 
president. 

Annual  meet-       SECT.  4.  A  general  meeting  of  the  stockholders,  shall 
•DS-  be  holden  on  the  third  Tuesday  of  July,  annually,  when 

the  directors  shall  be  chosen.  A  general  meeting  may 
be  called  when  the  board  of  directors  shall  think  proper^ 
and  fifteen  days  previous  to  any  general  meeting,  whether 
stated,  or  special,  notice  thereof  shall  be  given  in  a  news- 
paper published  in  New-Haven,  and  in  such  other  man- 


Title  6.     Banks.  85 

ner  as  the  directors  may  order.  All  stockholders  shall  Voting, 
be  entitled  to  vote  at  a  general  meeting,  in  person,  or 
by  proxy  ;  and  one  vote  shall  be  allowed  for  each  share  : 
but  no  share  or  shares,  shall  give  to  any  stockholder  a 
right  to  vote,  unless  the  same  shall  have  stood  in  his  name 
on  the  books  of  the  bank,  at  least  three  months  previous 
to  the  time  of  voting. 

SECT.  5.  Not  less  than  three  directors  shall  constitute  Board  of  di- 
a  board  for  transacting  the  business  of  the  bank,  of  which  rectora. 
the  president  shall  always  be  one,  except  in  the  case  of 
sickness,  or  necessary  absence,  when  the  directors  pres- 
ent shall  supply  his  place,  by  electing  one  of  their  num- 
ber, as  president  for  the  occasion.     No  director  shall  be  Compensa- 
entitled  to   any  emolument  for  attending  to  the  duties  of  tion' 
his  office,  except  the  president,  who  shall  receive  such 
compensation  as  the  board   of  directors  shall  judge  rea- 
sonable, for  his  extraordinary  service. 

SECT.  6.  A  cashier,  and  such  other  officers  and  agents,  Officers  and 
as  shall  be  requisite,  for  performing  the  business  of  the  agents- 
corporation,  shall  be  appointed  ;  and  their  compensation 
shall  be  regulated  by  the  board  of  directors,  who  may  de- 
termine the  securities  to  be  given,   by  any  of  them,  for 
the  faithful  performance  of  any  of  their  trusts. 

SECT.  7.  The  board  of  directors  shall  have  the  disposal  Powers  of  di- 
and  management  of  the  monies,  credits,  and  property  of  the  rectors- 
corporation,  with  power  to  regulate  the  concerns  thereof, 
in  all  cases  not  herein  otherwise  provided  for.     But  the  Business  re- 
corporation  shall  not  trade  in  any  thing,  excepting  bills  of  stricted. 
exchange,  gold  or  silver  bullion,  or  in  the  sale  of  goods, 
pledged  for  money  lent,  and  not  redeemed  in  due  time  ; 
or  in  lands  necessarily  taken  for  the  security  of  debts,  pre- 
viously contracted.     Nor  shall  the  corporation  take  more 
than  at  the  rate  of  six  per  cent  per  annum  premium,  for 
or  upon  loans  ;  and  dividends  of  such  part  of  the  profits 
as  the  directors  may  judge  proper,  shall  be  made  semi-an- 
nually.     The  debts  of  the  corporation,  whether  by  bill,  Debts  re- 
bond,  or  note,  shall  not,  at  any  time,  exceed  fifty  per  cent  6t"cte(1- 
over  and  above  the  total  amount  of  the  capital  stock  actu- 
ally paid  in,  and  of  the  monies  deposited  in  the  bank  for 
safe  keeping. 

SECT.  8."  The  bills  or  notes  of  the  corporation,  signed  Bills  and 
by  the  president,  and  countersigned  by  the  cashier  or  notes  of  the 
treasurer  thereof,  promising  the  payment  of  money,  to  bank> 
any  person  or  order,  or  to  bearer,  shall  be  obligatory  on  the 
corporation,  according  to  the  tenor  thereof,  and  shall  be 
assignable  according  to  the  custom  of  merchants,  and  the 
laws  relating  to  inland  bills  of  exchange.   And  all  negotia- 
ble notes,  duly  executed,  may  be  indorsed  to  the  bank,  in  Notes  indors- 
the  same  manner,  and  on  the  same  principles,  as  to  indi-  edtothrbank. 


Title  6.     Banks. 


Subscriptions 
from  school 
hmd,3oc    ties, 


From  the 
state. 


Power  of  re- 
vocation. 


viduals,  and  the  bank  may  maintain  suits  thereon,  for  the 
recovery  of  the  money. 

SECT.  9.  The  bank  shall  be  open,  at  all  times,  for  sub- 
gcriptions,  at  the  rate  of  one  hundred  dollars  for  each 


gchooj   fund    of  thig 

funds  of  any  college,  ecclesiastical  society,  school,  or  cor- 
poration for  charitable  purposes,  within  this  state  :  pro- 
vided, that  shares  so  subscribed,  shall  not  be  transfera- 
ble, but  may,  at  any  time,  be  withdrawn,  on  giving  six 
month's  notice  to  the  directors  :  and  the  shares  so  sub- 
scribed, and  those  subscribed  by  the  state,  shall  never 
exceed  the  shares  subscribed  by  individuals. 

SECT.  10.  The  state  of  Connecticut  shall  have  right, 
at  any  time,  to  subscribe  to  said  bank,  at  the  rate  of  one 
hundred  dollars  for  each  share  ;  and  whenever  the  state 
shall  have  subscribed  five  hundred  shares,  and  paid  for 
the  same,  they  shall  have  a  right  of  appointing  two  ad- 
ditional directors  of  said  bank. 

SECT.  11.  This  act,  or  any  part  thereof,  may,  at  any 
time,  be  altered,  amended,  or  revoked,  at  the  pleasure 
of  the  general  assembly. 


CHAP.  X. 


poration 
General  pow 


An  Act  to  incorporate  the  Phoenix  Bank. 

TJT|E  it  enacted  by  the  Senate  and  House  of  Rep- 

MJresentatives  in  General  Assembly  convened, 

That  the  stockholders  of  the  Phoenix  Bank  in  Hartford, 

their  successors  and  assigns,  shall  be  and  remain  a  body 

politic,  and  corporate,  by  the  name  of  u  The  Ptesident, 

Name  of  cor-  Directors,  and  Company  of  the  Phcenix  Bank,"  and  by 
that  name,  shall  be  capable  in  law,  to  purchase  and  hold 
all  kinds  of  property,  real  and  personal,  and  the  same,  at 
pleasure,  to  sell  and  convey  ;  to  sue  and  be  sued,  in  all 
courts  whatever;  to  have  and  use  a  common  seal,  such 
as  they  may  devise  ;  and  to  make  and  carry  into  effect, 
all  such  by-laws  and  regulations  as  may  be  deemed  expe- 
dient for  the  proper  management  of  the  affairs  of  the 
corporation,  not  repugnant  to  their  charter,  the  laws  of 
the  state,  or  of  the  United  States ;  and  generally,  to  do 
and  cause  to  be  executed,  all  such  acts  and  things,  as  to 
them  may  appertain,  subject  to  the  provisions  herein 
contained. 

SECT.  2.  The  capital  stock  of  said  bank,  shall  consist 

Capital  stock,  of  ten  thousand  share?,  each  «hare  being  one  hundred 


Title  6.     Banks.  87 

dollars ;  which  shall  be  transferable,  according  to  sucli 
rules  as  may  be  established  by  the  directors,  together 
with  such  sums  as  have  been,  or  shall  be,  subscribed,  by 
this  state,  or  from  the  school  fund  thereof,  or  the  funds 
of  any  college,  ecclesiastical  society,  school  or  corpora- 
tion for  charitable  purposes,  in  this  state,  pursuant  to  the 
provisions  hereinafter  contained. 

SECT.  3.  For  well  ordering  the  affairs  of  the  corpora- 
tion,  there  shall  be  eleven  directors,  who  shall  be  elected 
annually,  by  the  stockholders  in  general  meeting.  None 
but  stockholders  shall  be  eligible  as  directors ;  and  not 
less  than  two  thirds  shall  be  resident  in  Hartford.  At 
their  first  meeting  after  each  election,  the  directors  shall 
choose  one  of  their  number  for  president ;  and  whenever  President, 
the  place  of  president  or  director  shall  become  vacant, 
by  resignation  or  otherwise,  the  same  may  be  supplied 
by  the  choice  of  the  directors,  for  the  remainder  of  the 
year.  All  elections  for  president  or  directors,  shall  be 
by  ballot :  no  person  shall  be  eligible  as  director,  for  more 
than  three  years  out  of  four,  except  the  president. 

SECT.  4.  A  general  meeting  of  the  stockholders,  shall  Annual  meet- 
be  holden  on  the  first  Thursday  in  September  annually,   ing. 
when  directors  shall  be  chosen.     A  general  meeting  may  Meetings,  how 
be  called,  whenever  the  board  of  directors  shall  think  called, 
proper ;  and  fifteen  days  previous  to  any  general  meeting, 
whether  stated  or  special,  notice  thereof  shall  be  given  in 
a  newspaper  published  in  Hartford,  and  in  such  other 
manner  as  the  directors  may  order.     All  stockholders 
shall  be  entitled  to  vote  at  a  general  meeting,  in  person  Voting. 
or  by  proxy ;  and  one  vote  shall  be  allowed   for  each 
share ;  but  no  share  or  shares  in  said  bank,  shall  give  to 
any  stockholder  a  right  to  vote,  unless  the  same  shall  have 
stood  in  his  name  on  the  books  of  the  bank,  at  least  three 
calendar  months  previous  to  the  time  of  voting. 

SECT.  5.  Not  less  than  three  directors  shall  constitute  Board  of  di- 
a  board  for  transacting  the  business  of  the  bank  ;  of  whom  rectors- 
the  president  shall  always  be  one,  except  in  case  of  sick- 
ness or  necessary  absence,  when  the  directors  present 
shall  supply  his  place,  by  electing  one  of  their  own  num- 
ber as  president  for  the  occasion.     No  director  shall  be  Compensa- 
entitled  to  any  emolument  for  attending  to  the  duties  of  tion. 
his  office,  except  the  president,  who  shall  receive  such 
compensation  as  the  board  of  directors  may  judge  reason- 
able, for  his  extraordinary  services. 

SECT.  6.  A  cashier,  and  such  other  officers  and  agents  Oncers  and 
as  may  be   requisite,  for  performing  the  business  of  the  aSents> 
corporation,  shall  be  appointed,  and  their  compensation 
shall  be  regulated,  by  the  board  of  directors,  who  may 
determine  the  securities  to  be  given,  by  any  of  them,  for 
the  faithful  performance  of  any  of  their  trusts. 


Titk  6.     Banks. 


Powers  of  di- 
rectors. 


Restrictions. 


Bills  and 
notes  of  the 
bank. 


Notes   indors- 
ed to  the 
bank. 


Right  of  the 
state  to  sub- 
scribe. 


Subscriptions 
from  school 
fund,  socie- 
ties, &c. 


Branch  at 
Tatchfield. 


SECT.  7.  The  board  of  directors  shall  have  the  dispo- 
sal and  management  of  the  monies,  credits  and  property 
of  the  bank,  with  power  to  regulate  the  concerns  thereof, 
in  all  cases,  not  herein  otherwise  provided  for.  But  the 
corporation  shall  not  trade  in  any  thing,  except  bills  of 
exchange,  gold  or  silver  bullion,  or  in  the  sale  of  goods 
for  money  lent,  and  not  redeemed  in  due  time,  or  in  lands 
necessarily  taken  for  debts  previously  contracted ;  nor 
shall  the  corporation  take  more  than  at  the  rate  of  six 
per  cent  per  annum  premium,  for  or  upon  its  loans  :  and 
dividends  of  such  parts  of  the  profits  as  the  directors 
shall  judge  proper,  may  be  made  semi-annually.  The 
debts  of  the  corporation,  whether  by  bill,  bond,  or  note, 
shall  not,  at  any  time,  exceed  fifty  per  cent  over  and  be- 
yond the  total  amount  of  the  capital  stock,  actually  paid 
in,  and  of  the  monies  deposited  in  the  bank  for  safe  keep- 
ing. 

SECT.  8.  The  bills  or  notes  of  the  corporation,  signed 
by  the  president,  and  countersigned  by  the  cashier,  or 
treasurer  thereof,  promising  the  payment  of  money  te 
any  person  or  order,  or  to  bearer,  shall  be  obligatory  on 
the  corporation,  according  to  the  tenor  thereof,  and 
shall  be  assignable  according  to  the  custom  of  merchants, 
and  the  laws  relating  to  inland  bills  of  exchange.  .And 
all  negotiable  notes,  duly  executed,  may  be  indorsed  to 
the  bank,  in  the  same  manner,  and  on  the  same  princi- 
ples, as  to  individuals ;  and  the  bank  may  sue  thereon 
for  the  recovery  of  the  money. 

SECT.  9.  The  state  of  Connecticut  shall  have  right,  at 
any  time,  to  subscribe  to  the  said  bank,  at  the  rate  of 
one  hundred  dollars  for  each  share  ;  and  whenever  the 
state  shall  have  subscribed  five  hundred  shares,  and  paid 
for  the  same,  they  shall  have  the  right  of  appointing  two 
additional  directors  of  said  bank. 

SECT.  10.  The  bank  shall,  at  all  times,  be  open  for 
subscriptions,  at  the  rate  of  one  hundred  dollars  for  each 
share,  from  the  school  fund  of  this  state,  and  from  the 
funds  of  any  college,  ecclesiastical  society,  school,  or  cor- 
poration for  charitable  purposes,  within  this  state  :  pro- 
vided, that  shares  so  subscribed,  shall  not  be  transferable, 
but  may,  at  any  time,  be  withdrawn,  on  giving  six  months' 
notice  to  the  directors  ;  and  that  the  shares  so  subscrib- 
ed, and  those  subscribed  by  the  state,  shall  never  exceed 
the  shares  subscribed  by  individuals. 

SECT.  11.  And  said  bank  shall  have  power  to  estab- 
lish a  branch  of  said  bank,  in  the  town  of  Litchfield,  in 
Litchfield  county,  for  the  purpose  of  discount  and  de- 
posit ;  and  one  fourth  part  of  the  capital  of  said  bank, 
paid  in,  or  which  shall  hereafter  be  paid  in,  shall  be  em- 


Title  6.     Banks.  & 

ployed  in  said  branch  ;  and  at  the  annual  meeting  of  the 
stockholders  in  said  Hartford,  for  the  choice  of  officers, 
there  shall,  in  addition  to  the  eleven  directors  before  men- 
tioned, be  also  chosen  seven  directors  of  said  branch,  five  Branch  direc- 
of  whom  shall  live  within  said  town  of  Litchiield  ;  which  tors- 
last  mentioned  directors,  shall,  within  a  reasonable  time, 
choose  one  of  their    number  to    be    president  of  said  Presideat- 
branch,  and   shall  appoint  a   cashier,  and    such   other 
agents  as  shall  be  necessary.     No  director  of  said  branch,  Compensa- 
shall  be  entitled  to  any  emolument  for  attending  to  the  lion, 
duties  of  his  office,  except  the  president  thereof,    who 
shall  receive  such  compensation,  as   the  board  of  direct- 
ors of  said  branch,  may  judge   reasonable,  for  his  ex- 
traordinary services. 

SECT.   1 2.  All  bills  issued  by  said  branch,  shall  be  sign-   Bills  issued  by 
ed  by  the  president,  and  countersigned  by  the  cashier  of  j*ie  £ranch 
the  principal  bank  in  Hartford,  and  shall  be  made  paya- 
ble to  the  president  of  said  branch,  or  the  bearer  thereof, 
and  may  be  issued  and  paid  out  at  said  bank  in  Hartford, 
or  at  the  branch  bank  in  Litchfield  ;  and  the   same  shall 
be  assignable  and  transferable,  according  to  the  custom 
of  merchants,  and  the  laws  relating  to  inland  bills  of  ex- 
change.    And  the  directors  shall  have  the  same  powers,  Powers  of 
and  be  subject  to  the  same  restrictions  and  regulations,  ^.nch  direc" 
with  the  exceptions,  and  limitations  herein  before   con- 
tained, in  the  management  of  said  branch,  as  is  provided 
in  this  act,  for  the  directors  of  the  principal  bank  :  and 
the  directors  of  said  branch,  shall  account  with  the  di- 
rectors of  the  principal  bank  in  Hartford,  at  all  reasonable 
times,  when  thereunto  required. 

SECT.   13.  This  act,  or  any  part  thereof,  may,  at  any  Power  of  re- 
time, be  altered,  amended  or  revoked,  by  the  general  as-  vocation, 
sembly, 

CHAP.  XL 

An  Act  enabling  the  treasurer  of  the  state,  to  sub- 
scribe the  monies  of  this  state,  to  the  Hartford, 
New-Haven  and  Middletown  Banks. 

j     TJ  E  it  enacted  by  the  Senate  and  House  of  Rep- 

JO  rcsentatives  in  General  Assembly  convened,  ^. 
That  the  treasurer  of  the  state  shall  have  power  to  sub-  er   authorised 
scribe  to   the  Hartford,   New-Haven    and  Middletown  to  subscribe. 
Banks,   in  proportion  to  their  capitals,  any  monies  be- 
longing to  the  state,  now  on  hand,  or  that  may,  from  time 
to  time,  come  into  the  treasury  :  the  state  to  be  entitled 
to  all  profits  and  dividends,  which  may  accrue  thereon,  in 
the  same  manner  as  the  other  stockholders  of  said  h:mk> 
1? 


90 


Title   6.     Banks. 


State  shall 
have  a  right 
to  withdraw 
their  monies 
Oil  notice. 

Shares  sub- 
ten  hed,  not 
transferable. 

Comptroller 
to  he   furnish- 
ed with 
statement. 


State  direct- 
or. 


His  powers. 


This  act  not  to 
prevent  banks 
increasing  the 
capital  stock 
of  private 
stockholders. 


and  the  state  shall,  at  all  times,  on  giving  six  months'  notice, 
have  the  right  to  withdraw  from  said  banks,  the  money,  or 
any  part  thereof,  which  shall  have  been  paid  into  said 
banks  for  said  shares  :  but  the  shares  subscribed  by  the 
state,  shall  not  be  transferable  :  and  the  several  shares, 
already  subscribed  by  the  state  to  any  of  said  banks,  shall 
continue  to  be  holden,  on  the  terms  aforesaid. 

SECT.  2.  The  comptroller  of  public  accounts  shall,  after 
any  monies  shall  be  subscribed  and  paid  to  any  of  said 
banks,  be  furnished,  from  time  to  time,  as  often  as  he 
may  require,  not  exceeding  once  a  month,  with  a  state- 
ment of  the  amount  of  capital  stock  of  such  bank,  and  of 
the  debts  due  to  the  same  ;  of  the  monies  deposited 
therein,  of  the  notes  in  circulation,  and  of  the  cash  in 
hand  ;  and  shall  also  have  a  right  to  inspect  such  general 
accounts  in  the  books  of  the  bank,  as  shall  relate  to  said 
statement. 

SECT.  3.  In  case  the  monies  subscribed  and  paid  by 
the  state,  to  any  one  of  said  banks,  shall  exceed  the  sum  of 
five  thousand  dollars,  and  the  state  shall  hold  the  stock 
of  the  bank  therefor,  the  general  assembly  may,  if  they 
see  fit,  appoint  some  meet  person  to  be  a  director  in  said 
bank,  for  and  on  behalf  of  this  state,  or  provide  by  law 
for  appointing  or  designating  such  director  ;  the  said  per- 
son, thus  designated  or  appointed,  not  to  act  as  a  director. 
at  the  same  time,  in  more  than  one  bank.  And  said  di- 
rector, so  appointed  on  the  behalf  of  the  state,  shall 
have  the  same  powers  as  the  other  directors  of  said 
banks  ;  and  the  state  will  not  claim  or  exercise  any 
other  agency  in  the  choice  of  the  officers  of  said  bank. 
or  the  management  of  its  concerns,  than  is  expressed  in 
this  act  ;  and  nothing  in  this  act,  shall  be  construed  to 
prevent  the  stockholders  of  said  banks,  from  opening  new 
subscriptions,  and  enlarging  the  capital  stock  of  the 
private  stockholders  in  said  banks,  in  the  manner,  and  to 
the  amount,  as  in  and  by  their  respective  acts  of  incor- 
poration, is  provided. 

CHAP.  XII. 


An  Act  relative  to  incorporated  Banks. 


SECT.    1. 


BE  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives in  General  Assembly  convened, 
That  the  several  incorporated  banks,  shall  have  power 
to  issue  post-notes,  payable  to  order,  and  at  a  time  subse- 
quent to  issuing  the  same. 

SECT.  2.  No  incorporated  bank  shall  issue  any  bill  for 
one  dollar!       a  sum  less  than  one  dollar  ;  and  every  person  passing  any 


Banks  may 
issue  post 
notes. 


Not  to  emit 
less   tnan 


Title  7.     Barberry  Bushes Title  8.     Bastardy.  91 

bill  or  note,  issued  by  any  bank,  or  corporation  whatever, 

for  a  less  sum  than  one  dollar,  shall  forfeit  three  dollars,  Penalty. 

to  the  use  of  the  person  who  shall  bring  an  action  for  the 

same.     And  it  shall  be  the  duty  of  all  informing  officers, 

to  prosecute  to  effect,  all  breaches  of  this  act ;  and   in 

such  cases  the  penalties  incurred  and  recovered,  shall  be 

for  the  use  of  the  town  where   the  prosecution  shall 

be  had. 

SECT.    3.    All   shares    in  banks,    manufacturing,    and  Shares  in 
other   incorporated    companies,  shall  be  considered  as 
personal  estate,  and  may  be  disposed  of  as  other  per-  personal 
sosial    estate,    unless    otherwise    directed  in  the  act  of  estate 
incorporation. 

TITLE  7.     Barberry  Bushes. 
An  Act  for  destroying  Barberry  Bushes. 

1  t)E  it  enacted  by  the  Senate  and  House  of  Rep- 
IJ  resentatixes,  in  General  Assembly  convened, 
That  any  person  or  persons,  with  the  advice  and  consent 
of  the  civil  authority,  and  select-men  of  any  town,  where 
any  barberry  bushes  are,  or  may  be  growing,  or  in  pur- 
suance of  the  vote  of  any  such  town,  passed  in  legal  town 
meeting,  may,  at  any  season  of  the  year,  enter  on  lands, 
on  which  barberry  bushes  shall  be  growing,  and  dig  up 
and  destroy  them,  without  being  liable  to  an  action  there- 
for. 

SECT.  2.  The  select-men  of  any  town,  in  which  such  Select-men 
bushes  are,  or  shall  be  growing,  may,  in  pursuance  of  a  ^5^^°^. 
vote  of  the  town,  passed  in   legal  meeting,  employ  any  stroy  them 
suitable  person  or  persons,  to  dig  up  and  destroy  such  at  the  ex- 
bushes,  and  defray  the  expence  thereof  from  the  treasu-  Pence  of  the 
ry  of  the  town.  town' 

TITLE  8.     Bastardy. 

An  Act  providing  for  the  support  of  Bastard 
Children. 

.      T)  E  ^  enacted  by  the  Senate  and  House  of  Rep- 
JLJ  resentatives  in  General  Assembly  convened, 

That  any  woman,  who  has  been  delivered  of,  or  is  preg-  Mode  of  pro- 
nant  with,  a  bastard  child,  may  exhibit  her  complaint,  on  Ceding  in 
oath,  to  a  justice  of  the  peace,  in  the  town  where  she  ™*111" 

dwells,  against  the  person  she  charges  with  being  the  fa- 
ther of  such  child  ;  and  such  justice  of  the  peace  shall, 
thereupon,  issue  a  warrant,  and  cause  such  person  to  be 


92 


Order  of 
court. 


Court  may 
discontinue 
allowance  to 
the  mother, 
if  not  applied. 


When  towns 
may  prose* 
cute. 


Title    8.     Bastardy, 

apprehended  and  brought  before  him  ;  i*nd  if.  on  due 
enquiry,  he  finds  probable  cause,  hue  shall  order  such  ac- 
cused person  to  become  bound,  with  surety,  to  appear 
before  the  next  county  court,  in  the  county,  and  abide 
the  order  of  said  court :  and.  on  his  failing  to  do  it.  shall 
commit  him  to  the  common  gaol  in  the  county.  And  if 
the  child  should  not  then  be  born,  the  court  may  order 
the  continuance  of  such  cause  to  the  next  term,  and  the 
renewal  of  such  bond,  if  necessary.  And  if  such  woman 
shall  continue  constant  in  her  accusation,  being  examin- 
ed on'  oath,  and  put  to  the  discovery,  in  the  time  of  her 
travail,  such  accused  person  shall  be  adjudged  to  be  the 
reputed  father  of  such  bastard  child,  unless,  from  the  tes- 
timony adduced  by  him,  or  otherwise,  the  court  shall  be 
of  opinion  that  he  is  innocent  of  the  charge,  when  they 
shall  acquit  him,  and  he  shall  recover  his  cost.  And  if 
the  court  find  him  guilty,  they  shall  make  an  order,  that 
he  shall  stand  charged  with  the  maintenance  of  such 
child,  with  the  assistance  of  the.  mother,  and  that  he  shall 
pay  a  certain  sum  per  week,  for  such  time  as  the  court 
shall  judge  proper,  and  that  the  clerk  of  the  court  shall 
issue  execution  for  the  same,  quarterly  :  and  the  court 
shall  ascertain  the  expence  of  lying-in,  and  the  nursing 
of  such  child,  till  the  time  of  rendering  judgment,  and 
order  him  to  pay  one  half  thereof  to  the  complainant, 
and  grant  execution  for  the  same,  and  lawful  cost  of  suit : 
and  the  court  may  direct,  and  require  such  person  to  be- 
come bound,  with  sufficient  surety,  to  perform  such  order, 
and  to  indemnify  the  town,  chargeable  with  the  support 
of  such  child,  from  any  expence  for  its  maintenance  ; 
andMf  he  fail  to  do  it,  to  commit  him  to  the  common  gaol, 
there  to  remain  till  he  complies  with  the  same.  Provid- 
ed, that  if  it  shall  appear  that  such  mother  does  not  apply 
the  weekly  allowance,  paid  by  the  reputed  father,  to- 
wards the  support  of  such  child,  and  that  such  child  is 
chargeable,  or  likely  to  become  chargeable  to  the  town 
where  it  belongs,  the  court,  on  application,  may  discon- 
tinue the  allowance  to  the  mother,  for  the  support  of  the 
child,  and  may  direct  U  to  be  paid  to  the  select-men  of 
such  town,  for  that  purpose,  and  may  issue  execution  in 
their  favor  for  the  same  accordingly. 

SECT.  2.  The  town  interested  in  the  support  of  a  bast- 
ard child,  when  sufficient  security  shall  not  be  offered  to 
indemnify  such  town  against  all  charge  and  expence  for 
the  support  of  such  child,  and  the  mother  neglects  to 
bring  forward  her  suit  for  maintenance,  may,  by  their  se- 
lect-men, institute  a  suit  against  the  person  accused  of 
begetting  such  bastard  chjld ;  and  may  take  up  and  pur- 
sue, in  their  name,  by  their  select-men,  any  suit  com- 
menced by  the  mother,  for  the  maintenance  of  such  child. 


Title   9.     Book  Debts.  93 

10  case  she  fails  to  prosecute  the  same  to  final  judgment , 
and  any  bond,  given  by  the  defendant,  in  such  case,  to 
the  complainant,  shall  have  the  same  effect  as  if  given 
to  such  town  :  and,  if  the  court  shall  find  the  defendaoi 
guilty,  they  shall  make  an  order  that  he  shall  give  a  bond, 
with  sufficient  surely,  to  such  town,  to  indemnify  them 
against  all  expence  for  the  maintenance  of  such  child, 
and  to  pay  the  cost  of  prosecution  ;  and,  on  failure  there- 
of, may  commit  him  to  the  common  gaol,  there  to  remain 
till  he  complies  with  such  order. 

SKCT.  3.  No  prosecution  shall  be  brought  but  within  Limitation 
three  years  from  the  birth  of  the  bastard  child  ;  provided, 
the  time  any  person  accused,  shall  be  absent  from  the 
state,  shall  not  be  computed.(l) 

(1  )  In  the  revision  of  1672,  an  act  of  prosecution,  nor  designate  the  proseco- 
appears,  subjecting  the  father  of  a  has-  tor,  or  the  mode  of  yielding;  the  rnainte- 
tard  child  to  the  maintenance  of  it,  with  nance.  The  practice,  however,  has  al-. 
the  assistance  of  tht2  mother,  as  the  court  ways  been,  for  the  woman  to  institute  a 
shall  order,  and  pro\idmg  that  the  per-  suit  in  her  own  name  ;  and  it  has  been  de- 
son  charged  by  the  mother  to  he  the  cided,  that  a  discovery,  in  time  of  travail, 
father,  shall  be  adjudged  to  be  the  re-  is  an  indispensable  part  of  the  evidence, 
puled  father,  upon  her  continuing  constant  In  the  revision  of  1784,  the  power  was 
in  the  charge,'  especially  being;  put  upon  given  to  towns,  chargeable  with  the  sup- 
the  discovery  of  the  truth,  in  the  time  port  of  a  bastard  child,  to  continue  pros- 
of  her  travail ;  with  a  proviso,  that  if  no  ecutions  begun  by  the  mother,  if  she 
person  should  be'  accused,  in  the  time  of  should  neglect  to  proceed,  and  to  bring 
her  travail,  it  should  not  abate  the  con-  forward  prosecutions,  where  she  should 
viction  of  the  reputed  father.  This  pro-  neglect.  The  present  statute  is  made  con- 
viso  is  omitted  in  the  revision  of  1702.  fornoable  to  the  practical  constructionof  the 
This  statute  does  not  prescribe  the  mode  old  statute.  See  1Z)«#,278.  ICon.RepAll. 

TITLE  9.     Book  Debts. 
An  Act  concerning  Book  Debts. 

^  ^  enacted  by  the  Senate  and  House  of  Rep - 
resentatives  in  General  Assembly  convened, 
That  in  all  actions  of  debt  on  book,  tried  on  the  general  Evidence,  of 
issue,  the  evidence  of  the  parties,  and  of  any  other  per-  the  parties 
sons  interested,  taken  in  or  out  of  court,  in  such  manner  j 
and  form  as  evidence  in  other  cases  is  required  by  law  to 
be  taken,  may  be  admitted  by  the  court ;  and  the  triers 
shall  well  weigh  and  consider  the  credit  of  such  witness- 
es, together  with  the  entries  of  the  parties  in  their  respec- 
tive books,  and  any  other  evidence  given  them,  and  all 
the  other  circumstances  attending  such  cases.(l) 

(1)  In  the  revision  of  1750,  the  statute  probably  ce-eval  with  the  government; 
direct*,  that  the  jury  shall  well  weigh  and  and  though  repugnant  to  the  principles 
consider  the  credit  of  the  parties  admitted  adopted  in  other  cases,  jet  it  is  consist- 
to  take  their  oaths.  This,  undoubtedly,  ent  with  the  practice  in  matters  of  ac- 
refers  to  a  well  known  practice,  previous-  count,  both  in  law  and  equity,  from  which 
ly  adopted,  to  admit  the  parties,  in  book  it  wa=  probably  borrowed. 
<1ebt  actions,  to  testify ;  and  which  was 


94 


Title  9.     Book  Debts. 


Oyer  of  de- 
fendant's 
book. 


Appointment 
of  auditors. 


Defendant 
may  plead 
that  plaintiff 
owes  him. 


Removal  of 
the  cause  from 
justice  of  the 
peace  to  coun- 
ty conrt. 


fo  what  case 
no  costs  shall 
be  allowed. 


SECT.  2.  When  the  defendant,  in  any  action  of  debt  on 
book,  shall  have  pleaded  any  plea,  under  which  it  shall  be 
lawful  to  give  in  evidence  any  book  account  in  favor  of  the 
defnedant  against  the  plaintiff,  the  court  may,  on  motion 
of  the  plaintiff,  made  in  reasonable  time,  order  that  oyer 
shall  be  given  to  the  plaintiff  of  the  book  of  the  defend- 
dant,  either  forthwith,  or  within  such  time  as  the  court 
may  prescribe. 

SECT.  3.  In  every  action  of  debt  on  book,  wherein  the 
account  shall  be  alleged  to  be  above  seventeen  dollars, 
the  court,  before  which  such  action  is  pending,  shall  have 
power  to  appoint  not  more  than  three  able,  judicious  and 
disinterested  men,  to  audit  and  adjust  the  accounts  be- 
tween the  parties  ;  who  shall  have  the  same  power,  and  be 
sworn  and  proceed  in  the  same  manner,  as  auditors  in  a 
proper  action  of  account ;  and  their  award  being  return- 
ed into  court,  judgment  shall  be  rendered  in  pursuance 
thereof.  ' 

SECT.  4.  In  every  action  of  debt  on  book,  it  shall  be 
lawful  for  the  defendant  to  plead,  in  addition  to  the  gen- 
eral plea  that  he  owes  the  plaintiff  nothing,  that  the  plain- 
tiff is  indebted,  or  in  arrear  to  him  the  defendant,  to 
balance  book  accounts  ;  and  if  it  shall  so  be  found,  on  the 
trial,  judgment  shall  be  rendered  for  the  defendant,  to 
recover  of  the  plaintiff  the  sum  so  found  to  be  due,  with 
costs  ;  and  the  party  aggrieved  by  the  judgment,  on  such 
plea,  shall  have  the  same  right  of  appeal  as  he  would 
have  had,  if  the  action  had  been  brought  by  the  defend- 
ant, demanding  the  same  sum  as  that  claimed  in  said  plea : 
Provided  nevertheless,  that  if  in  any  such  action  brought 
before  a  justice  of  the  peace,  the  defendant,  in  his  plea, 
shall  claim  a  greater  balance  than  thirty  five  dollars,  such 
plea  shall  not  be  received,  unless  the  party  making  the 
same,  shall  pay  to  said  justice,  for  the  use  of  this  state,  a 
duty  of  thirty-four  cents,  and  shall  enter  into  a  recogniz- 
ance, with  sufficient  surety ,  to  the  adverse  party,  in  a  rea- 
sonable sum,  to  remove  said  cause  to,  and  pursue  his 
plea,  before  the  county  court  next  to  be  holden  in  the 
county,  and4  to  answer  all  damages  in  case  he  shall  fail 
to  make  his  plea  good  ;  which  recognizance  the  said 
justice  shall  have  power  to  take,  and  when  taken,  he  shall 
record  said  plea  ;  and  if  the  party,  so  removing  the  cause, 
shall  not  recover  final  judgment  for  a  greater  sum  than 
thirty-five  dollar-he  shall  not  be  entitled  to  costs  ;  and  if 
final  judgment  shall  be  rendered  against  him,  he  shall 
be  subjected  to  double  costs. 

SECT.  5.  If  any  defendant,  in  any  action  of  debt  on 
book,  brought  against  him  before  any  court  in  this  state, 
shall  neglect  to  exhibit  his  account  on  trial,  to  be  adjust- 
ed as  aforesaid,  and  shall  afterwards  bring  an  action 


Title  1 0.     Bounds Title  1 1 .     Boroughs.  95 

against  the  other  party,  for  the  recovery  of  such  articles 
of  book  debt  as  might  have  been  adjusted  and  settled  in 
the  trial  of  the  former  action,  if  he  recover  judgment  for 
such  debt,  he  shall  not  be  allowed  any  costs  ;  unless  he 
make  it  appear,  to  the  satisfaction  of  the  court  before 
whom  the  trial  is,  that  he  had  no  knowledge  of  the  former 
suit,  before  the  time  of  trial,  or  was  inevitably  hindered 
from  appearing  and  exhibiting  his  account  as  aforesaid. 

TITLE  10.     Bounds. 
An  Act  to  ascertain  the  Bounds  of  Towns. 

T^fc  E  it  enacted  by  the  Senate  and  House  of  Rep- 
Ijre.sentatives,  in  General  Assembly  convened^ 
That  every  town  shall  procure  their  bounds  to   be  set 
out  by  plain  and  durable  marks  and  monuments,  which  Towns  to  sef 
shall  be  a -large  heap  of  stones,  or  a  ditch  six  feet  long,  out  bounds> 
and  two  and  a  half  feet  wide,  of  ordinary  depth,  at  every 
corner,  and  once  in  every  eighty  rods,  in  the  lines  run- 
ning from  corner  to  corner. 

SECT.  2.  And  once  in  three  years,  in  March,  April,  Octo- 
ber, or  November,  the  select-men  of  the  adjoining  towns,  Towns  to  re- 
shall   appoint  two  or  more  persons  to  perambulate  the  new  bounds 
lines,  and  renew  the  bounds  and   monuments  between  once  m  t"ree 
the  towns,  on  forfeiture  of  fourteen  dollars,  by  every 
town  who  shall  neglect  the  same,  one  half  to  the  use  of  penalty  for 
the  town  with  whom  they  refuse  to  join  in  perambulation,  neglect, 
and  the  other  half  to  the  treasury  of  the  county  ;  and  in 
case  both  the  adjoining  towns  neglect  to  perambulate, 
the  one  half  shall  be  to  the  use  of  him  who  shall  prose- 
cute to  effect,  and  the  other  half  to  the  treasury  of  the 
county.     And  it  shall  be  the  duty  of  the  select-men  of 
the  most  ancient  town,  to  give  six  days  notice,  to  the  se- 
lect-men of  the  adjoining  town,  of  the  time  and  place  of 
meeting  for  such  perambulation;  and  each  town  shall  pay 
the  charge  of  the  persons  appointed  by  them  for  that 
purpose. 

> 

TITLE  11.     Boroughs. 
CHAP.  I. 

An  Act  incorporating  the  Boroughs  of  Bridgeport, 
Stoiiington,  Guilford,  Killingworth  and  Essex. 

j     ¥3E  ^  enacted  by  the  Senate  and  House  of  Rep- 

JtJ  resentatives  in  General  Assembly  convened, 

That  all  the  electors  of  this  state,  inhabitants  of  the  town 


r~ 


Title  11.     Boroughs. 


Limits  of  of  Bridgeport,  in  Fair-field  county,  living  within  the  fol- 
bolough^1  l°wing  bounds,  to  wit  -.—beginning  at  the  sea  at  the  south 
end  of  the  line  passing  down  the  west  ssde  of  Cii,  rcb 
street,  thence  following  up  said  line  till  it  intersects  a 
line  passing  from  the  stone  bridge,  in  the  Fairneld  road, 
a  few  rods  east  of  the  house  lately  owned  by  Wil:..tm 
Worden,  deceased,  to  Wells'  Tongue,  including  the 
ground  where  Nehemiah  Allen's  house  lately  stood  ; 
thence  northwesterly  from  said  pomtof  intersection,  fol- 
lowing said  line  to  said  stone  bridge  ;  thence  northerly 
from  said  stone  bridge  across  the  fields  to  the  Golden  Hill 
road,  including  Samuel  C.  Kirtland's  house  ;  thence,  on 
the-south-east  side  of  said  Golden-Hill  road,  to  Newtown 
road  ;  thence  east,  across  said  Newtown  road,  to  the  west 
side  of  Indian  lot,  so  called  ;  thence  northwardly,  on  the 
east  side  of  said  Newtown  road,  to  the  north-west  comer 
of  said  Indian  lot  ;  thepce  eastwardly,  on  the  north  line 
of  said  Indian  lot,  to  the  west  side  of  Bridgeport  harbor  ; 
thence  southwardly  to  an  island,  or  dry  knoll,  in  said 
Bridgeport  harbor,  opposite  said  Indian  lot  ;  thence 
southwardly  to  the  middle  of  Bridgeport  bridge  ;  thence 
southwardly,  to  the  easternmost  end  of  Wells'  Tongue, 
at  low  water  mark  ;  thence  south-westwardly  on  the  edge 
of  the  beach,  at  low  water  mark,  to  the  bounds  first  above 
mentioned  ;  be,  and  the  same  are  hereby  ordained,  con- 
stituted and  declared  to  be,  from  time  to  time,  forever 
hereafter,  one  body  corporate  and  politic,  in  fact  and  in 
Name  of  cor-  name'  ^y  the  name  of  The  Warden,  Burgesses  and  Frce- 
poration.  men  of  Ike,  Borough  of  Bridgeport.  And  all  the  electors 
Limits  of  the  °^  ^"s  s^a^c'  inhabitants  of  the  town  of  Stonington,  in 
borough  of  New-London  county,  dwelling  and  inhabiting  within  the 
Stonington.  following  bounds,  to  wit  :  —  beginning  at  the  bridge  on  the 
west  road,  leading  from  Stoniugton  port  to  the  post-road 
so  called,  being  the  first  bridge  crossed  after  leaving  said 
port  to  said  post-road  ;  from  thence  easterly  to  the  north 
end  of  Elihu's  Island  so  called,  in  a  direct  line  to  low 
water  mark,  said  island  is  now  owned  by  William  Slack 
and  Zebulon  Cheeseborough,  2d  ;  thence  easterly  to  the 
east  side  of  the  channel  of  Wicataquack  cove,  thence 
south-westerly  to  the  north-east  end  of  Sandy  Island,  so 
called,  to  the  middle  of  the  channel,  or  the  Rhode-Island 
line  north-east  from  said  island  ;  from  thence  by  and  with 
the  said  Rhode-Island  line,  south-westerly  to  the  New- 
York  line  ;  thence  west  until  Wamphassock-point  shoals 
bears  north  ;  thence  north  to  said  shoal  ;  from  thence  in  a 
north-easterly  direction,  till  it  strikes  the  west  side  of  the 
>  channel,  in  Stonington  harbor  ;  thence  northerly  by  and 

with  the  west  side  of  said  channel,  until  the  point  com- 
monly called  Cheeseborough  Point,  bears  east  south-east. 


cor" 


i 

Title  11.     Boroughs.  97 

whereon  there  stood  a  wharf  and  store,  from  thence  by 
and  with  said  point  and  shore,  at  low  water  mark,  in  an 
easterly  direction,  to  the  creek  and  bridge,  the  first  men- 
tioned bounds  ;  be,  and  the  same  are  hereby  ordained, 
constituted  and  declared  to  be,  from  time  to  time,  forever 
hereafter,  one  body  corporate  and  politic,  in  fact  and  in 
name,  by  the  name  of  "  The  Warden,  Burgesses  and  Free-  - 
men  of  the  Borough  of  Storiingtun."  And  all  the  electors 
of  this  state,  inhabitants  of  the  town  of  Guilford,  in  New-  Limits  of  the 
Haven  county,  dwelling  and  inhabiting  within  the  follow-  borough  of 
ing  bounds,  to  wit  :  —  beginning  at  the  most  southerly  part  Guilford. 
of  Hogshead-point,  so  called,  on  the  eastern  side  of  the 
harbor  in  said  Guilford  ;  thence  running  in  a  straight  line 
westerly,  to  the  inner  scow  channel  rock,  at  Mulberry- 
point  ;  thence  by  high  water  mark,  to  the  south-westerly 
point  of  the  West-river  ;  thence  on  the  west  bank  of  said 
river,  to  Bradley's  ship-yard  ;  thence  across  the  road  so 
as  to  strike  the  most  westerly  bend  of  said  river,  a  few 
rods  north  of  said  road  ;  thence  by  the  western  bank  of 
said  river,  to  the  brook  which  empties  into  said  river,  a 
little  north  of  Linus  Sexton's  dwelling-house  ;  thence  bj 
said  brook  across  the  road  ;  thence  by  the  western  line 
of  the  North-Guilford  road,  so  as  to  include  the  dwelling- 
house  of  Bille  Chittenden  ;  thence  in  a  line  due  east,  to 
the  brook  a  little  south  and  east  of  the  dwelling-house  of 
Abraham  Evarts  ;  thence  down  said  brook  to  East-creek  ; 
thence  down  said  creek  to  the  Sawpit-  bridge,  so  called  ; 
thence  in  a  straight  line  to  the  eastern  part  of  the  Far- 
mer's wharf  on  the  banks  of  the  East  river;  thence  in  a 
straight  line  to  the  first  mentioned  bounds  ;  be  and  the  same 
are  hereby  ordained,  constituted  and  declared  to  be,  from 
time  to  time,  forever  hereafter,  one  body  corporate  and 
politic,  in  fact  and  in  name,  by  the  name  of  "  The  War-  Name  of  cor- 
den,  Burgesses,  and  Freemen  afthe  Borough  of  Guilford."  Poration- 
And  all  the  electors  of  this  state,  inhabitants  of  the  town  Limits  of  the 
of  Killingworth,  in  Middlesex  county,  dwelling  and  in- 
habiting  within  the  following  bounds,  to  wit  -.—beginning 
at  the  southern  extremity  of  the  division  line,  between 
the  towns  of  Killingworth  and  Guilford,  on  Long-Island- 
Sound  ;  thence  northwardly,  on  said  division  line,  to 
Farm-Bridge,  on  Harnanasset  river  ;  thence  north  on  said 
line  to  Hatter's  Creek,  so  called,  which  empties  into  said 
river  ;  thence  following  said  creek  northeasterly,  until 
the  said  creek  crosses  the  Nodd  road,  so  called  ;  thence 
north-eastwardly,  inadirectline,soasto  include  the  house 
of  Jedediah  Buell  ;  thence  north-eastwardly.  so  as  to  in- 
clude the  house  of  Samuel  Kelsey  ;  from  thence,  follow- 
ing the  highway,  leading  to  the  house  of  Jesse  Buell,  and. 
including  said  house  ;  thence  south-easterly,  so  as  to  in- 

18 


98  Title  11.     Boroughs. 

elude  the  house  of  Eber  Wilcox ;  thence  south-easterly,  so 
as  to  include  the  house  of  Asa  Kelsey  ;  thence  eastward- 
ly,  on  the  highway,  to  the  place  where  it  intersects  with 
the  Brush-Hill  road,  so  called  ;  thence  southwardly,  by 
the  road  leading  to  the  house  of  Harvey  Buell,  and  in- 
cluding the  same  ;  from  thence,  in  a  line  due  south,  to 
the  southern  boundary  of  the  state  of  Connecticut,  on 
Long-Island  sound ;  thence  westwardly,  following  said 
last-mentioned  boundary,  to  the  tirst  mentioned  bounds : 
be,  and  the  same  are  hereby  ordained,  constituted  and 
declared  to  be,  from  time  to  time,  forever  hereafter,  one 
Name  of  cor-  body  corporate  and  politic,  in  fact  and  in  name,  by  the 
poration.  name  of  "  The  Wardtn,  Burgesses,  and  Freemen  of  the 

Limits  of  the  B°roilgh  °f  Killingworth."  And  all  the  freemen  of  this 
bor.-ugh  of  state,  inhabitants  of  the  town  of  Saybrook,  in  Middlesex 
Essex.  county,  dwelling  and  inhabiting  within  the  following 

bounds,  to  wit : — beginning  at  the  most  north-easterly  part 
of  a  stone  wharf  or  pier,  owned  bj  Jesse  Murray  and 
others,  a  little  northerly  of  Pettipauge  wharf;  thence  north- 
westerly, in  a  right  line,  to  the  northeast  corner  of  New- 
City  wharf;  thence  southwesterly,  in  a  right  line,  to  a 
small  apple-tree,  standing  on  George  Williams'  land, 
about  six  rods  northerly  of  said  Williams'  dwelling-house; 
thence  southerly, in  a  right  line,  to  a  small  oak  tree,  stand- 
ing at  the  lower  side  of  a  ledge  of  rocks,  about  fifteen 
rods  north-westerly  of  Dr.  Gideon  A.  Dickinson's  dwell- 
ing-house ;  thence  south-easterly,  in  a  right  line,  to  a  large 
button  wood  or  button-ball  tree,  standing  in  the  highway 
near  the  dwelling-house  of  Thomas  Tripp ;  thence  in  an 
easterly  direction,  in  a  right  line,  across  the  south  cove, 
so  called,  to  an  old  stone  pier,  owned  by  Benjamin  H. 
Meigs  and  others,  situated  a  little  southerly  of  the  south 
cove  channel ;  thence  in  a  northerly  direction,  in  a  right 
line,  to  the  first  mentioned  bound  ;  be,  and  the  same  are 
hereby  ordained,  constituted  and  declared  to  be,  from 
time  to  time,  forever  hereafter,  one  body  corporate  and 
Name  of  oor-  politic,  in  fact  and  in  name,  by  the  name  of  "  T/ie  Warden, 
Burgesses,  and  Freemen  of  the  Borough,  of  Essex  :"  and  bj 
General  10  *nose  names,  they,  and  each  of  said  boroughs,  and  their  suc- 
er8.  r"  cessors  forever,  shall  have  perpetual  succession,  and  shall 

be  persons  in  law,  capable  of  suing  and  being  sued, 
pleading  and  being  impleaded,  in  all  suits  of  what  na 
ture  soever;  and  also  to  purchase,  hold  and  convey, 
any  estate,  real  or  personal,  and  mav  have  a  common  seal, 
and  may  change  and  alter  the  same  at  pleasure,  and  shall 
be  freemen  of  said  boroughs  respectively. 

Annual  meet  SECT«  2.  There  shall  be  an  annual  meeting  of  the  bo- 
MpMttetev-  r°ugh  of  Bridgeport  in  November,  of  the  borough  of 
eral  boroughs. 


Title  1 1.     Boroughs.  99 

Stonington  in  March,  of  the  borough  of  Guilford  in 
March,  of  the  borough  of  Killingworth  in  September, 
and  of  the  borough  of  Essex  in  May,  at  such  times  and 
places,  as  by  the  by-laws  of  said  boroughs  respectively, 
shall  be  directed,  for  the  purpose  of  choosing  all  the  offi- 
cers of  said  boroughs ;  and  the  officers  chosen  at  such 
meeting,  shall  continue  in  office  for  the  term  of  one  year, 
after  the  expiration  of  the  month  in  which  they  are  chos- 
en, unless  others  shall  be  sooner  chosen  and  qualified  in 
their  stead. 

SECT.  3.  Each  of  said  boroughs,  at  their  annual  meet- 
ing, legally  assembled,  shall  choose  a  warden,  six  burges-  officers, 
ses,  a  clerk,  treasurer  and  bailiff;  all  which  officers  shall 
be  chosen  by  ballot,  and  on  each  ballot  which  shall  be  e|e'ctlon.  * 
given  in,  shall  be  written  the  name  of  the  person,  for 
whom  the  same  is  given  ;  and  such  ballot  shall,  by  the 
person  giving  in  the  same,  in  the  presence  of  the  warden 
and  burgesses,  or  such  of  them  as  are  present  at  such 
meeting,  be  put  into  a  proper  box  for  that  purpose,  by 
each  of  said  boroughs  to  be  provided ;  and  when  the 
freemen  present,  at  any  such  meeting,  shall  have  had  a 
reasonable  time  to  give  in  their  ballots,  the  warden,  or  in 
his  absence,  the  senior  burgess  present,  in  the  presence 
of  the  meeting,  shall  open  the  box,  sort  and  count  the 
ballots,  and  the  person  who  shall  have  the  majority  of 
ballots  given  in,  shall,  by  the  bailiff,  or  in  his  absence,  by 
the  ;unior  burgess  present,  be  declared  to  be  elected  ;  and 
no  ballot  shall  be  received  after  the  box  shall  have  been 
opened. 

SECT.  4.  And  each  borough,  in  legal  meeting  assem-  Power  of  ad- 
bled,  shall  have  power,  with  the  concurrence  of  the  war-  fitting  to  the 
den,  and  a  majority  of  the  burgesses,  to  admit  to  the  free-  g^  without" 
dom   of  the    borough,   all   such  electors   of  this   state,  the  limits, 
inhabitants  of  the  town  or  towns  from  which  such  borough 
is  taken,  living  without  the  limits  thereof,   but  holding 
real   estate,  or  doing  regular  business  therein ;    which 
persons,  so  admitted,  shall  be  entitled  to  all  the  privileges 
of  freemen  of  such  borough. 

SECT.  5.  Each  borough,  in  legal  meeting  assembled,  Power  of  levy- 
shall  have  power  to  levy  taxes  on  the  polls  and  rateable  ing  taxes, 
estate,  within  the  limits  thereof,  for  such  purposes  as  they 
shall  think  proper,  and  to  choose  a  collector  or  collectors 
to  collect  such  taxes,  who  shall,  having  received  a  warrant 

for  that  purpose,  signed  by  the  warden,  have  the  same  p 

11  e  i  -L  JUHL  rowers  ana 

power  as  collectors  of  town  taxes  have  ;  and  shall  be  ac-  duties  of  col- 

countable  to  the  warden  and  burgesses  in  the  same  man-  lectors. 
ner,  as  collectors  by  law  are  accountable  to  select-men. 
And  in  case  any  collector  shall  not  perform  the   trust 
committed  to  him,  but  shall  fail  of  collecting  such  tax 


100 


Title  11.     Boroughs. 


Process  according  to  the  terms  of  his  warrant,  on  complaint  there- 

etntcVllect-    of  made  ^  the  burgesses  to  the  warden,  he  shall  issue 
ors.  his  warrant,  under  his  hand,  directed  to  the  bailiff,  to  dis- 

train the  sum  or  rates  neglected  by  such  collector,  to 
be  collected  or  paid  out  of  his  estate. 

Power  of  bai-  SECT.  6.  The  bailiff  shall,  within  the  limits  of  each 
borough,  and  on  the  waters  of  each  harbor,  adjoining 
thereto,  whether  within  the  limits  of  the  borough  or  not, 
have  the  same  power,  authority,  and  privilege,  and  be 
liable  to  the  same  suits  or  penalties,  for  neglect  of  duty, 
in  any  case  whatever,  as  constables  by  law  now  have,  or 
are,  in  their  respective  towns;  and  shall  execute  all  law- 
ful writs  to  him  directed,  by  virtue  of  the  by-laws  of  the 
borough  to  which  he  belongs,  or  by  the  laws  of  the  state, 
Of  the  treasur-  Within  his  said  described  limits.  And  the  treasurer  shall 
er-  have  the  same  powers  as  town  treasurers  have  by  law, 

and  shall  be  accountable  in  the  same  manner. 

Power  of  lay-       SECT.  7.  The  warden  arid  burgesses  shall  have  power 
ius;  out  high-  ,  .    ,  ,         ,,.  „*      f 

waya,  &c?        to  lay  out  new  highways,  streets,  and  public  walks,  for 

the  use  of  each  borough,  and  to  alter  those  already  laid 
out,  and  to  exchange  highways  for  highways,  or  to  sell 
highways,  for  the  purpose  of  purchasing  other  highways, 
talking,  in  all  respects,  the  same  measures  as  are  directed 
by  the  laws  of  the  state  to  be  taken  in  case  of  highways 
laid  out  by  the  select-men,  for  the  use  of  their  towns  : 
Remedy  for       and  the  party  aggrieved  by  the  laying  out  of  such  high- 
party  aggriev-  ways  or  streets,  may  have  the  same  remedy,  by  applica- 
tion to  the  county  courts,  as  is  bv  law  provided,  in  case 
Discontinu-       of  highways  laid  out  by  select-men.     And  whenever  any 
ance  of  high-     highways,  laid  out  by  the  warden  and  burgesses,  may  be- 
come unnecessary  for  public  use,  they  may  be  discontin- 
ued by  such  warden  and  burgesses. 

Powers  in  re-  SECT.  8.  The  warden  and  burgesses  shall,  within  the 
latioa  to  s«ck-  ijmits  of  their  respective  boroughs,  have,  use,  possess, 
and  enjoy  all  the  powers  and  privileges  granted  to  the 
select-men  and  justices  of  the  peace,  in  the  several  towns, 
by  the  fifteenth  and  sixteenth  sections  of  the  act,  provid- 
ing in  case  of  sickness. 

Sign-post  to          SECT.  9.  It  shall   be  the  duty  of  the  warden  and  bur- 
be  erected.       gesses  of  each  borough,  at  the  expense  thereof,  to  erect 
and  maintain  a  sign-post,   at  some  proper  place  therein, 
which  shall  be  a  lawful  sign-post,  according  to  the  law 
establishing  a  sign-post  in  each  town. 

Power  of  war-       SECT.  10.  The  warden    and  burgesses    in   each  bor- 
d*"eTit  make  °UJ=h'  resPectivelv'  or  a  majority  of  them,  shall  have  pow- 
by-laws!'"   ^  er  to  make  by-laws  relative  to  markets  and  commerce, 
within  the  limits  of  said  borough ;  relative  to  the  street* 
and  highways  of  said  borough  ;  relative  to  nuisances  with- 
in said  borough  limits  ;  relative  to  wharves,  docks,  chan- 


Title  11.     Boroughs.  101 

nels,  public  landings,  anchoring  and  mooring  vessels  ; 
relative  to  trees,  planted  for  shade,  ornament,  conven- 
ience, use,  public  or  private  ;  relative  to  the  fruit  of  such 
trees  ;  relative  to  trespasses  committed  in  gardens,  or  in 
the  limits  of  said  borough;  relative  to  walks  and  build- 
ings, public  and  private  ;  relative  to  sweeping  of  chim- 
nies,   and  preserving  said  borough  from  injury  by  fire ; 
relative  to  the  forms  of  oath  to  be  taken  by  the  treasur- 
er ;  relative  to  warning  meetings  of  said  borough,  and  of 
said  warden  and  burgesses,  and  the  time  and  place  when 
and  where  they  shall  be  holden  ;  relative  to  the  mode  of 
taxation,  as  to  taxes  to  be  levied  in  said  borough;  relative  to 
the  penalties  to  be  incurred  by  those  who,  being  chosen  to 
office,  shall,  (not  being  excused  by  said  borough,)  refuse  to 
serve ;  relative  to  a  watch ;  relative  to  the  burial  of  the  dead; 
relative  to  public  lights  and  lamps  ;    relative  to  restrain- 
ing horses,  cattle,  mules,  sheep,  geese,  swine,  and  poul- 
try, from  going  at  large  within  the  limits  of  said  borough ; 
relative  to  firing  of  guns  ;  relative  to  noise  and  disturb* 
ance  in  the  night   season  ;  relative  to  preventing  any 
building,  or  buildings,  already   erected,  or  which  may 
hereafter  be  erected,  within  the  limits  of  any  borough, 
from  being  used  or  occupied  as  a  baker's  shop,  tallow- 
chandler's  shop,  or  blacksmith's  shop,  or  for  purposes 
which   equally,  or  in  like  manner,  in  the  opinion  of  the 
warden  and  burgesses,   shall   immediately  expose   such 
borough  to  injury  by  fire,  without  licence  first  obtained 
from  said  warden  and  burgesses  ;  and  to  inflict  penalties  Penalties  iiui- 
for  the  breach  of  such  by-laws,  not  exceeding  the  sum  ited  ; 
of  fifteen  dollars,   for  one  offence,  payable  to  the  treas- 
urer, or  such  other  person  as  the  by-laws  shall  direct, 
and  recoverable  by  a  proper  action  on  such  by-law,  to  how  recovera- 
be  brought  before  a  justice  of  the  peace,  resident  in  said  ble- 
borough,  or  in  the  town  in  which  such  borough  is  situa- 
ted:    Provided,  that  no  by-law  shall  be  repugnant   to 
the  laws  of  the  state  ;  and  that  all  by-laws,  made  by  the 
warden  and  burgesses,  shall  be  approved  by  the  borough,  By-laws  to  be 
in  legal  meeting  assembled,  and,  after  being  so  approved,  apu[-°upj  and 
shall  be  published,  at  least  three  weeks,  successively,  in 
some  public  newspaper,  published  in  said  borough,  or  if 
none,  in  the  nearest,  before  the  same  shall  be  of  any  va- 
lidity :  and  all   by-laws,  within  eight  months  after  they 
are  made  and  published,  as  aforesaid,  may  be  repealed     . 
by  the  superior  court,  holden  in  the  county  in  which  the  by  the  *upe- 
borough  is  situated,   if  said  court,  on  a   hearing,  shall  r'°r  court, 
adjudge  them  to  be  unreasonable  and  unjust. 

SECT.  11.    The  borough   of  Killingworth  shall  have  Powers  oMLe 
power  and  authority  to  purchase  or  erect  a  building,  or  KiSto°rth 
buildings,  for  the  establishment  of  a  school  within  its  lim-  as  to  schools, 


102  Title  11.     Boroughs. 

its  ;  to  establish  a  fund,  or  devise  other  means,  for  the 
support  of  the  same  ;  to  prescribe  the  different  branches 
that  may  be  taught  therein  ;  and  to  make  all   necessary 
regulations,  and  to  exercise  such  powers,  as  the  interest  of 
said  school  may  require  :  and  to  make  by-laws,  in  man- 
ner aforesaid,  relative  to  the  improvement  and  preserva- 
a*  to  ^l!        tion  of  the  shell  and  scale  fisheries,  and  taking  tish  within 
nesT  their  said  limits  5  provided,  that  in  relation  to  said  fishe- 

ries, said  town  ot'K  llingworth  shall  have  given  their  as- 
as  to  deepen-    sent  thereto ;   and    relative    to  improvements  made  in 
T    deepening  the  water  in  the  harbor  of  said  borough.    And 
the  freemen  of  said  borough,  in  legal  meeting  assembled, 
may  appoint  all  proper  officers  necessary  to  carry  into 
effect  the  by-laws  relative  to  the  regulations  of  said  harbor, 
and  of  the  shelj  and  scale  fisheries,  within  said  limits. 
Power  of  con-       SECT.   12.  All  grants  or  leases  of  real  estate,  belonging 
yeying  real  es-  to  saj(j  boroughs,  signed  by  the  warden,  and  sealed  with 
the  borough  seal,  and  approved  by  the  borough  to  which 
such  estate  belongs,  in  legal  meeting  assembled,  and  re- 
corded in  the,  town  where  the  lands  granted  or  leased  lie, 
shall  be  good  and  effectual  in   law. 

of  appointing  SECT.  13.  Each  borough  shall  have  power,  in  legal 
inspector* ;  meeting  assembled,  to  appoint  inspectors  of  every  kind 
of  produce  of  the  United  States,  brought  to  the  same 
for  sale,  or  exportation  ;  and  to  appoint  hay  wards,  and  all 
other  officers  not  enumerated  in  this  act,  necessary  to 
carry  their  by-laws  into  execution. 

of  formin?  and       SECT.   1 4.  The  warden  and  burgesses  of  each  borough, 
reg-ilating  a      shall  have  power  to  form,  continue,  and  regulate  a  fire- 
fire-company,    company,  and  enlist  a  sufficient  number  of  firemen  to  fill 
the  same  ;  and  in   case  a   sufficient   number   cannot  be 
enlisted,  to  appoint   a   sufficient  number  to  fill  up   the 
same,  and    make  all  suitable  and  necessary  by-laws    for 
regulating  such  fire-company. 

Officers  to  b«       SECT.   15.  The  warden,  burgesses,  bailiff  and  clerk  of 
sworn.  each  borough,  and  the   inspectors  of  produce,  shall  be 

sworn  to  a  faithful  discharge  of  their  duty  ;   and  the  form 
of  the  oath  to  be  taken  by  the  warden  and  burgesses,  shall 
Form  of  oath,  be   as  follows  :    You,  A.    B.  being   elected  warden  (or 
for  warden,       burgess,  as  the  case  may  be)  of  the  borough  of  ,  do 

swear,  that  you  wijl  faithfully  and  uprightly  discharge  the 
duties  of  that  office,  so  long  as  you  shall  hold  the  same  ; 
so  help  you  God.  And  the  form  of  the  oath  to  be 
for  clerk-  taken  by  the  clerk,  shall  be  as  follows:  You,  A.  B. 
being  clerk  of  the  borough  of  ,  do  swear,  that  you 

will  faithfully  attend,  and  execute  the  office  of  clerk,  ac- 
cording to  your  best  skill,  and  make  true  entries  and 
records  of  all  the  votes  and  proceedings  of  said  borough, 
and  such  other  matters  as  by  law,  or  by  the  by-laws  of 


Title  11.     Boroughs.  103 

•aid  borough,  are  to  be  recorded  in  your  office  ;  and  that 
you  will  deliver  true  copies  of  the  records  in  your  hands, 
when  they  shall  be  required  of  you,  taking  only  your  lawful 
fees  ;  so  help  you  God  :  and  that  the  oath  to  be  taken  by 
the  bailiff,  shall  be  the  same  mutatis  mutandis,  as  is  pre-  for  bailiff, 
scribed   by   law    to   be   taken   by  constables  ;  and  the 
form  of  the    oath  to  be  taken  by  the  inspectors  of  pro-  fr,r  inspectors, 
duce,  hay  wards  and  other  subordinate  officers,  shall  be  &c. 
the  same  mutatis  mutandis,  as  is  by  law  prescribed  for 
surveyors  of  highways.     Which  oath  may  be  administer-  By  whom  ad- 
cd  by  any  justice  of  the  peace  of  the  county,  in  which  "'S'^orded 
the  borough  is  situated,  or   if  none  be   present,    by  the 
elerk  of  the  borough  ;  and  the  clerk  shall   make  a  true 
record  of  the  administering  of  such  oath,  and  by  whom, 
before  the  person  to  whom  the  same  has  been  adminis- 
tered, shall  be  able  to  execute  the  office,  to  which  he  is 
chosen. 

SECT.     16.  Whenever  the   warden,  or   other  officer,  Vacancies, 
shall  resign,  or  be  removed,  by  death  or  otherwise,  an- 
other shall  be  chosen  in  his  place,  to  hold  the  office  for 
the  same  period  as  the  person  he  succeeds  was  entitled  to 
hold  it:  and  the  warden  of  each  borough,  or  in  his  absence,  Moderator. 
the  senior  burgess  present,  at  any  meeting  of  the  borough, 
or  of  the  warden  and  burgesses,  shall,  ex  ojficio,  be  mode- 
rator thereof;  and  each  borough  may,    at  any  time,  hold 
special  borough-meetings,   whenever,  in  the  opinion  of  Special  meet- 
the  warden  and  burgesses,  or  a  majority  of  them,  the  cir-    >DS8- 
cumstances  of  the  borough   require   it :  and  the  vote  or 
choice  of  the  ma,or  part  of  the  freemen  present  at  any 
legal  meeting,  shall  be  considered  as  the  vote  or   choice 
of  said  borough. 

SECT.  17.  And  the  inhabitants  living  within  the  limits  of  Inhabitants  of 
either  of  said   boroughs,  shall  remain   and  continue  in-  .bor!1"5hsto  b« 
habitants  of  the  towns  in  which  such  boroughs  are  situat-  uptowns*9 
ed,  entitled  to  all  privileges,  and  subject  to  all  burdens, 
in  the  same  manner  as  if  this  act  had  never  been  passed. 
And  if  this  act,  or  any  provision  therein  contained,  shall 
be  found  inconvenient,  or  in  any  respect  inadequate,  the  powerofre 
same  may  be  repealed,  altered  or  revoked,  by  the  gene-  yocation. 
ral  assembly. 

CHAP.  II. 

An  Act  giving  additional  powers  to  the  Borough 
of  Bridgeport. 

„    ,      TJE  it  enacted  by  the.  Senate  and  House  of  Rep- 

SECT.        I*  •""m  *^         y>|  I        'I  II  1 

M-9  resentatives,  in  ijrenerut  Assembly  convened, 
That  the  corporate  meetings  of  the  warden  and  burgesses 


104  Title  11.  Boroughs. 

Court  of  bur-  of  the  borough  of  Bridgeport,  shall,  in  all  legal  acts  and 
gesses  proceedings,  be  styled  the  court  of  burgesses ;  and  that  the 

clerk  of  said  borough  shall  be  clerk  of  said  court  of  bur- 
gesses; but  said  court  of  burgesses  shall  have  power 
to  appoint  a  clerk,  pro  tempore,  in  the  absence  of  the 
clerk  of  said  borough. 

may  cause  SECT.  2.  Said  court  of  burgesses  shall  be,  and  they  are 

grounds  to  be  .         .  .,  ,,  . '    .          .  • •> 

raised  or  hereby  empowered,  to  cause  all  grounds  m  said  bo- 
drained,  rough,  where  water  at  any  time  stands,  or  becomes 
stagnant,  either  in  the  open  air,  or  under  buildings  (in 
the  opinion  of  said  court  of  burgesses,)  to  the  annoyance, 
either  of  the  health  or  comfort  of  the  inhabitants  of  said 
borough,  or  any  of  them,  to  be  filled  up  or  drained,  as 
the  case  may  be,  and  to  raise  such  buildings,  if  need  be, 
so  high  that  the  grounds  under  them  may  be  filled  up, 
and  to  give  liberty  or  orders  to  the  proprietor  or  proprie- 
at  the  ex  ens>e  *O1S  °^  suc^  buildings  or  grounds,  to  raise,  fill  up  or  drain 
of  the  prTprie*  the  same,  at  his,  her  or  their  own  expense  ;  and  designate 
tors.  how  high  such  buildings,  shall  be  raised,  and  such  grounds 
filled  up,  and  where  and  how  deep  and  wide  such  drains 
shall  or  may  be  dug ;  and  if  such  proprietor  or  proprietors 
shall  neglect  to  raise  such  buildings,  and  fill  up  such 
grounds,  or  dig  such  drains,  in  such  manner,  and  within  such 
time  as  said  court  of  burgesses  shall  have  designated,  and 
limited,  said  court  of  burgesses  may  employ  some  meet 
person  or  persons,  to  raise  such  building  or  buildings,  and 
-  to  fill  up  or  drain  such  grounds,  and  may  adjust  the  ex- 
pences  thereof,  and  apportion  and  assess  the  same  on  the 
proprietors  of  the  buildings  so  raised,  or  grounds  so  filled 
Mode  of  col-  up  or  drained  ;  and  may  also  assess  the  damages  which 
leering  monies  may  ^e  done  to  any  particular  proprietor,  by  cutting 
pose'110  F"  sucn  drains  through  his  or  her  land,  which  damage  shall 
be  paid  by  the  proprietors  of  the  lands  so  drained.  And 
the  warden  or  senior  burgess  of  said  borough,  shall  issue 
a  warrant  of  distress  to  the  bailiff,  or  to  any  other  proper 
officer,  living  within  said  borough,  who  is  hereby  authori- 
zed to  receive  and  execute  such  warrants,  or  to  an  in- 
different person,  against  the  goods,  chattels,  lands  and 
bodies  of  the  persons  so  assessed,  if  the  case  so  requires, 
setting  forth  the  sum  assessed  upon,  and  due  from  each 
proprietor,  and  authorizing  such  bailiff,  other  officer  or 
indifferent  person,  to  whom  such  warrant  shall  be  direct- 
ed, to  collect  the  sum  so  assessed  upon  and  due  from  each 
proprietor;  and  such  bailiff,  other  officer  or  indifferent 
person,  shall  proceed  in  the  same  manner,  and  have  the 
same  powers,  and  be  under  the  same  regulations  in  ma- 
king such  collection,  as  the  law  p. .  •-<  IVK-S  in  case  of  col- 
lectors of  public  taxes,  and  shall  account  to  the  court  of 
burgesses. 


Title   11.     Boroughs.  105 

SECT.  3.  Said  court  of  burgesses  shall  be.  and  they  here-  And  to  cause 
by  are  empowered  to  cause  all  nuisances  within  said  bo-  ^l^"''*'9  f", 
rough  to  be  abated  and  suppressed;  and  all  putrid  and  foul 
substances  to  be  removed;  if  on  private  property,  at  the  ex- 
pense of  theproprietororoccupantof  suchproperty;  but  if 
on  public  ground,  at  the  expense  of  the  person  who  put  such 
substance  there,  (if  such  person  be  known)  otherwise  at 
the  expense  of  said  borough  ;  all  which  expences  shall  be 
adjusted  by  said  court  of  burgesses,  and  collected  by  war- 
rant, signed  by  the  warden  or  senior  burgess,  in  the  same 
manner  as  is  prescribed  in  the  preceding  section.  Pro-  Persons  ag- 

vided  always.thatif  any  person  shall  be  aggrieved  by  any  of  Snevpd  ma/ 
,,       ,    .        J  f      .,  t    fi.  i  e      i  •     appl\  t-  conn- 

the  doings  01  said  court  of  burgesses,  he  may  prefer  his  tf  court. 

complaint  to  the  next  county  court,  within  and  for  Fair- 
field  county,  against  said  borough,  by  causing  a  copy  of  such 
complaint  to  be  left  with  the  clerk  of  said. borough,  at 
least  twelve  days  before  the  sitting  of  said  court ;  and  if 
said  court,  on  hearing  of  such  complaint  shall  be  of  the 
opinion  that  any  part  or  the  whole  of  such  expense,  so  in- 
curred, or  damages  done,  ought  to  be  borne  by  said  bo- 
rough, said  county  court  shall  order  and  direct,  that 
such  complainant  be  relieved  from  the  payment  of  such 
part,  or  from  the  whole  of  such  expense  or  damage,  as 
to  said  county  court  may  appear  just  and  equitable;  and 
if  it  shall  appear,  on  such  hearing,  that  said  complianant 
hath  actually  paid  any  sum  or  sums  of  money,  which  ought 
to  be  refunded,  said  county  court  may  grant  execution  in 
favor  of  such  complainant,  against  said  borough,  for  such 
sum.  t 

SBCT.  4.  And  full  power  and  authority  shall  be,  and  Power  of  ma- 
hereby  is  granted  to  said  court  of  burgesses,  to  make  by-  kin§  by-lawSi 
laws  for  preserving  the  health  of  the  inhabitants  of  said 
borough.     Provided  nevertheless,  that  such  by-laws  be  Proviso, 
approved  and  published,  and  be  liable  to  be  repealed,  in 
the  same  manner,  as  the  by-laws  which  the  warden  and 
burgesses  of  said  borough  are  already  authorized  to  make. 

TITLE  12.     Briefs. 
An  Act  relating  to  Briefs. 

BE  it  enacted  by  the  Senate  and  House  of  Representatives 
in  General  Assembly  convened,  That  the  governor  Governor  may 
may  grant  briefs,  soliciting  charitable  contributions,  in  grant  briefs, 
cases  of  great  misfortunes  and  losses,  by  fire,  or  other 
providential  accidents,  to  be  read,  published  and  attend- 
ed to,  in  public  meetings,  in  the  several  towns,  or  reli- 
gious societies  and  congregations,  or  such  part  ot  them 
14 


106  Title  13.     Canada  Thistle. 

•     as  he  miy  ju<?ge  proper  :  and  every  person  who  shall 

Penalty  far       read  and  publish  any  brief,  soliciting  charitable  contribu- 

reaHing:  briefs  tions,  not  allowed  as  aforesaid,  in  any  town,  religious  so- 

notsogranted.  CJet^  Qr  congregation,  shall  forfeit  the  sum  of  seventeen 

dollars,  one  third  to  him  who  shall  prosecute  to  effect. 

Proviso.  and  two  thirds  to  the  treasury  of  the  county.     Provided, 

that  this  act  shall  not  extend  to  contributions,  on  special 

occasions,  for  the  afflicted  and  distressed  members  of  any 

particular  town,  society,  or  congregation. 

TITLE  13.     Canada  Thistle. 

An  Act  to  prevent  the  spreading  of  the  Canada 
Thistle. 

ITfcE  it  enacted  by  the  Senate  and  House  of  Rep- 
MJ  rtsentativcs  in  General  Assembly  convened^ 

Duty  of  owner  That  every  owner  or  possessor  of  lands,  shall  cut  or  mow 
or  possessor  of  down  all  the  Canada  thistles  growing  thereon,  or  in  the 
highway,  adjoining  the  same,  so  often  as  to  prevent  their 
going  to  seed  ;  and  if  any  owner  or  possessor  of  land  shall 
suffer  any  such  thistles  to  grow  thereon,  or  in  the  high- 
way adjoining  the  same,  and  the  seed  to  ripen,  so  as  to 
cause,  or  endanger  the  spreading  thereof,  he  shall  forfeit 
Penalty.  g^j  pav  ^e  gum  of  gve  dollars  for  every  offence,  to  him 

who  shall  prosecute  his  action  to  effect ;  and  any  person 
may  enter  on  the  lands  of  another,  who  shall  neglect  to 
cut  or  mow  down  such  thistles,  and  may  cut  or  mow  down 
such  thistles,  and  shall  not  be  liable  to  be  sued,  in  an  ac- 
tion of  trespass,  therefor. 

in  grass  SECT.  2.  No  owner  or  possessor  of  lands,  which  are  in 
not  to  be  grass,  shall  plough,  or  suffer  to  be  ploughed,  any  lands  on 
ploughed.  which  Canada  thistles  are  growing ;  and  where  lands  are 
in  tillage,  on  which  such  thistles  are  growing,  the  owner 
or  possessor  shall,  as  soon  as  may  be,  cause  the  same  to 
be  seeded  down  to  grass  ;  and  if  any  such  owner  or  pos- 
sessor shall  be  guilty  of  a  breach  of  this  section  of  the 
Penalty.  act?  he  shall  forfeit  five  dollars,  to  be  recovered  by  any 

person  who  shall  sue  for  and  prosecute  the  same  to  ef- 
fect. 

Towns  em-  SECT.  3.  Every  town  shall  have  power  to  make  such 

re?u^a^ons  as  *nej  ma7  judge  proper  and  expedient,  to 
destroy  or  prevent  the  spreading  of  Canada  thistles. 
Penalty  for  SECT.  4.  If  any  person  shall  knowingly  vend  any  grass 

vending  thistle  seed,  in  which  there  is  any  seed  of  the  thistle,  such  per- 
seed.  son  shall  be  liable  to  pay  a  penalty  of  ten  dollars,  to  the 

use  of  any  person  who  will  prosecute  the  same  to  effect. 


Lands 

not  to 


Title    14.     Children,  107 


TITLE  14.      Children. 

An  Act  for  the  education  and  government  of 
Children. 

SECT     1     T^^  ^  enacted  by  the  Senate  and  House  of  Rep- 

-13  resentatives,  in  General  Assembly  convened,  Children  to  b,e 
That  all  parents,  and  those  who  have  the  care  of  children,  instructed, 
shall  bring  them  up  in  some  honest  and  lawful  calling  or 
employment  ;  and  shall  teach  and  instruct  them,  or  cause 
them  to  be  taught  and  instructed,  to  read,  and  write,  and 
cypher  as  far  as  the  first  four  rules  of  arithmetic. 

SECT.  2.  The  select-men,  in  their  respective  towns,  if  neeiectcd 
shall  inspect  the  conduct  of  the  heads  of  families,  and  if  select  men  ' 
they  find  any  who  neglect  the  education  of  the  children  may  bind  them 
under  their  care,  they  may  admonish  them  to  attend  to  out' 
their  duty,  and  if  they  continue  to  be  negligent,  whereby 
the  children  grow  rude,  stubborn,  and  unruly,  they  shall, 
with  the  advice  of  a  justice  of  the  peace,  take  such  chil- 
dren from  their  parents,  or  those  who  have  the  charge  of 
them,  and  bind  them  out  to  some  proper  master,  males 
till  twenty  one,  and  females  till  eighteen,  that  they  may  be 
properly  educated  and  brought  up  in  some  lawful  calling 
and  employment;  which bindingshall  be  valid  and  efFectual. 

SECT.  3.  Whenever  any  children  or  minors  shall  be  stubborn  c 
stubborn  and  rebellious,  and  shall  refuse  to  obey  the  com-  dren,  how  to 
mands,  and  resist  the  authority  of  their  parents,  or  those  be  corrected, 
who  have  the  charge  of  them,  then  the  parents,  or  those 
who  have  the  charge  of  them,  or  any  informing  officer, 
may  make  complaint  to  two  justices  of  the  peace,  in  the 
town  where  the  parses  live,  who  shall  have  power  to  is- 
sue a  warrant,  and  cause  such  children  to  be  apprehend- 
ed, and  brought  before  them  ;  and  if,  on  due  enquiry,  they 
shall  find  them  to  be  guilty,  they  may  sentence  them  to 
be  committed  to  the  house  of  correction,  in  the  town 
where  they  live,  or  if  there  be  none  in  that  town,  to  the 
common  gaol  in  the  county,  to  remain  confined  to  hard 
labor,  so  long  as  said  justices  of  the  peace  shall  judge 
proper,  not  exceeding  thirty  days.  Provided,  that  said 
justices,  on  the  reformation  of  such  children,  may,  at  any  Proviso, 
time  after  the  commitment,  order  their  release,  and  re- 
turn to  their  parents. 


. 


10ft  Title   15.     Cities. 

TITLE  15.     Cities. 
CHAP.  I. 

An  Act  incorporating  the  Cities  of  Hartford, 
New -Haven,  JNew-London,  Norwich,  and  iViid- 
dletown. 


SECT.    1 


BE  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives, in  General  Assembly  convened. 


That  all   the  inhabitants,  being   electors  of  the   state, 
dwelling  in  the  town   of  Hartford,  within  the  following 
Limits  of  the  limits,  to  wit  :  beginning  at  a   place  called    the  Dutch 
city  of  Hart-     ground,  upon  the  high  land,  on  the  bank  of  the  great  river, 
ford.  on  the  southerly  side  of  said  river,  as  it  now  runs  in  the 

lot  belonging  to  Thomas  Seymour,  Esq.  and  from  thence, 
a  straight  line  to  the  north-west  corner  of  Joshua  He/np- 
stead's  dwelling-house;  thence  a  westerly  line  to  the  north- 
west corner  of  James  S/ee/e's  dwelling-house;  from  thence 
a  north-westerly  course  to  the  south-west  corner  of 
James  Shepard's  malt-house  ;  from  thence  northerly,  a 
straight  line  to  the  upper  mills,  so  called,  including  said 
mills  ;  thence  northerly  in  a  straight  line  to  the  north-west 
corner  of  Capt.  John  OlcolPs  dwelling-house,  including 
said  house  ;  and  from  thence  turning  and  running  due 
east  a  straight  course  to  Connecticut  river  ;  be,  and 
the  same  are  hereby  ordained,  constituted  and  declared 
to  be,  from  time  to  time,  and  forever  hereafter,  one 
body  politic  and  corporate,  in  fact  and  in  name,  by  the 
name  of  "  The  Mayor,  JHdermen,  Common  Council  and 
Freemen  of  the  city  of  Hartford  :"  —  That  all  the  inhabi- 
tants, being  electors  of  the  state,  dwelling  in  New-Haven, 
Limits  of  the  within  the  following  limits,  to  wit :  beginning  at  the  north- 
city  of  New-  east  corner  of  the  long  bridge,  so  called,  in  said  New- 
Haven.  Haven  :  thence  by  the  dividing  line  between  the  towns  of 
New-Haven  and  Hamden,  to  long  lane,  or  Cheshire  road ; 
thence  southerly  by  Cheshire  road,  to  a  point  in  a  direct 
line  from  the  neck  bridge  to  a  bridge  across  the  West 
river,  commonly  called  Thompson's  bridge;  thence  west- 
erly by  said  line  to  the  north-east  corner  of  said  bridge  ; 
thence  down  the  said  West  river,  on  the  east  bank 
thereof,  to  the  mouth  of  said  river  ;  and  from  thence  a 
straight  line  to  the  extreme  point  of  the  land,  commonly 
called  Five-mile-point,  on  the  east  side  of  New-Haven 
harbor,  at  high  water  mark,  on  said  point ;  thence  north- 
ward on  the  shore,  on  the  line  of  high  water  mark,  up  to 
the  point  where  the  waters  of  the  Little  river,  and  the 
greater  waters,  being  part  of  the  East  river,  fall  into  each 


Title  15.     Cities.  109 

other  ;  thence  across  the  mouth  of  said  Little  river,  to 
the  east  shore  of  the  East  river  ;  thence  up  .said  East 
river,  on  the  line  of  high  water  mark,  to  the  first  mention- 
ed point,  at  the  north-east  corner  of  Long  bridge  ;  he, 
and  the  same  are  hereby  ordained,  constituted  and  de- 
clared to  be,  from  time  to  time,  and  forever  hereafter, 
one  body  politic  and  corporate,  in  fact  and  in  name,  by  the 
name  of"  Thf  Mayor*  Aldermen,  Common  Council,  and  Free- 
men of  the  city  of  New- Haven  :" — That  all  the  inhabitants, 
being  electors  of  New-London,  dwelling  within  the  fol- 
lowing limits,  to  wit:  beginning  at  a  large  rock  on  Plumbs  Limits  of  th? 
hill,  so  called,  about  four  rods  west  of  the  road  leading  JJlJJd<UnNew~ 
from  Norwich  to  Nczc-London  ;  thence  running  south 
thirty-seven  degrees  west,  to  a  large  rock  in  land  belong- 
ing to  John  Ashcraft,  a  little  to  the  eastward  of  Cedar- 
swamp  ;  from  thence  running  south  six  degrees  east  to  the 
main  branch  of  Alwise-brook,  or  Lester's  gut,  so  called  ; 
from  thence  running  with  said  brook  or  gut,  and  on  the 
west  side  thereof,  at  high-water  mark,  to  the  sound,  to  a 
large  clump  of  rocks  at  the  western  point  of  said  gut  or 
brook,  called  the  Great-shore  rock  ;  and  from  thence 
Across  the  harbor,  to  the  south  end  of  the  division  line 
betwixt  the  towns  of  New-London  and  Groton ;  and 
thence  northerly  by  said  division  line,  as  said  line  runs, 
until  it  comes  to  a  point  due  east  from  the  bounds  first 
above-mentioned  ;  and  thence  running  due  west  across 
the  river  of  Thames,  to  said  bound  ;  be,  and  the  same 
are  hereby  ordained,  constituted  and  declared  to  be, 
from  time  to  time,  and  forever  hereafter,  one  body  poli- 
tic and  corporate,  in  fact  and  in  name,  by  the  name  of 
"•  The  Mayor,  Aldermen,  Common  Council,  and  Freemen 
of  the  city  of  New- London  :" — That  all  the  inhabitants 
being  electors  of  the  state,  dwelling  in  Norwich,  within  the 
following  limits,  to  wit  -.beginning  at  the  mouth  of  Trading-  Limits  of  the 
cove  brook,  at  the  bounds  between  the  towns  of  New  ri.M  °<  Nor- 
London  and  Norwich  ;  thence  running  up  said  brook  to  WIC  ' 
the  bridge  on  New-London  road,  called  Trading-cove 
bridge  ;  thence  a  straight  line  to  the  west  side  of  the  mills 
at  the  iron  works,  belonging  to  Elijah  Backus,  Esq. 
thence  an  eastwardly  line,  to  the  north  side  of  the  dwel- 
ling-house of  Capt.  John  Hughes;  thence  a  straight  line  to 
Roatch's  landing  (so  called,)  on  the  south  side  of  She- 
tucket  river;  thence  by  Shetucket  river,  and  the  river 
Thames,  at  high-water  mark,  to  the  mouth  of  Poupuatan- 
nock  cove  ;  thence  north- westward ly  across  said  river,  to 
the  line  between  the  towns  of  Norwich  and  New  London  ; 
thence  by  said  N-w -London  line,  to  the  first  mentioned 
bounds  ;  be.  and  the  same  are  hereby  declared  to  be, 
from  time  to  time,  and  forever  hereafter,  one  body  poli- 


HO  Title    15.     Cities. 

lie,  and  corporate,  in  fact  and  in  name,  by  the  name  of 

"  The  Mayor,  Aldermen,  Common  Council,  and  Freemen 

of  the  city  of  Norwich  ;" — That  all  the  inhabitants,  being 

electors  of  the  state,  and  dwelling  in  Middletown,  within 

Limits  of  the  the  following  limits,  to  wit :  beginning  at  the  month   of 

cify  of  Mid-      the  Little  river,  or  Ferry    river  ;  thence  in  a  north-east 

dletown.          }me  to  the  east  side  of  Connecticut  river,  at  high-water 

mark;  thence  on  the  bank  of  said  Connecticut  river  at  high 

water  mark,  until  it  comes  to  a  point,  due  east  from  Sum- 

ner's  creek;  thence  inawestline  to  the  mouth  of  Sumner'g 

creek  ;  thence  southerly  and  westerly,  as  the  said  creek 

runs,  to  Warwick's   bridge  ;  thence  w.est  to   the  Little 

river,  including  the  dwelling-house  of  Return  Jonathan 

Meigs  ;  thence  northerly   and  easterly  down  the  Little 

river,  as  the  same  runs,  to  the  first  boundary,  including 

the  waters  of  the  said  Little   river,  Sumner's  creek  and 

Connecticut   river,  within  the  preceding  limits  ;  be,  and 

the  same  are  hereby  ordained,  constituted  and  declared 

to  be,  from  time  to  time,  and  forever  hereafter,  one  body 

politic,  and  corporate,  in  fact  and  in  name,  by  the  name 

of  "  The  Mayor,  Aldermen,  Common  Council,  and  Free- 

General    ow    men  °f  ^e  c^  °f  Middletown  :"     Arid  by  those  names 

rr.«.    '         '"  they,  and  each  of  them,  and  their  successors,  shall  and 

may  have  perpetual  succession,  and  be  persons  in  law, 

capable  of  suing  and   being  sued  ;  pleading  and    being 

impleaded,  in  all  suits  of  what  nature  soever  ;  and  also  to 

purchase,  hold  and  convey  any  estate,  real  or  personal ; 

and  may  have  a  common  seal,  and  may  change  and  alter 

the  same  at  pleasure  ;  and  shall  be  freemen  of  said  cities. 

SECT.  2.  The  city  of  Hartford  shall  have  jurisdiction, 

the'rtr*!)0/1  °f  m  a^  commercial  matters,  on  Connecticut  river,  oppo- 

Hartfo^d°on      site  the  town  of  Hartford  ;  and  the  sheriffs  of  said  city, 

Connecticut      shall  have  authority  to  execute  all  lawful  process,  on 

river.  ga^  j^ver,  opposite  said  town.     But  said  city  shall  have 

Limitation.       no  power  to  regulate  or  affect  the  fisheries  in,  or  the 

ferry  upon  said  river  ;  or  prevent  any  vessel,  boat  or 

other  water-craft,  from  passing  and  repassing  said  river ; 

or  from  having  commercial  intercourse  with  inhabitant* 

residing  without  the  limits  of  said  city,  free  from  any  duty 

or  toll  imposed  by  said  city. 

Annual  meet-       SECT.  3.  There  shall  be  annual  meetings  in  each  of 
:DS$S  of  the       said  cities  ;  to  be  holden  in  Hartford,  in  March  ;  in  New- 
several  cities.    Haven,  in  June  ;  in  New-London,  in  June  ;  in  Norwich, 
in  July  ;  in  Middletown,  in  January  ;  at  such  times  and 
places  as  by  the  by-laws  of  said  cities  shall  be  directed. 
Officers.  And  said  cities,  in  legal  meeting  assembled,  shall  choose 

a  mayor,  who  shall  hold  his  office  during  the  pleasure  of 
the  general  assembly  ;  and,  at  their  annual  meetings,  shall 
choose  four  aldermen,  and  a  common  council  of  not  more 


Title  15.     Cities.  Ill 

than  twenty,  and  two  sheriffs,  out  of  the  freemen  of  said 
cities;  which  officers,  and  all  others,  excepting  inspectors 
of  produce,  shall  be  chosen  by  ballot ;  and  on  each  bal-  Mode  of  vot* 
lot  shall  be  written  the  name  of  the  person  for  whom  it  ing- 
is  given  :  which  ballot  shall  be  rolled  up,  and,  in  presence 
of  the  mayor  arid  aldermen,  present  at  such  meeting, 
put,  by  the  person  giving  the  same,  into  a  box,  which 
each  city  shall  provide  for  that  purpose  ;  which  shall  be 
a  close  box,  with  an  aperture  in  the  lid,  of  a  convenient 
size,  through  which  to  put  in  the  ballot ;  and  when  the 
freemen  present  at  any  meeting,  shall  have  had  reasonable 
time  to  give  in  their  ballots,  either  of  the  sheriffs  of  the 
city,  or  in  their  absence,  the  junior  alderman  present,  in 
presence  of  the  mayor  and  aldermen,  or  such  of  them  as 
are  present  at  such  meeting,  shall  open  the  said  box,  and 
the  mayor  and  aldermen,  or  such  of  them  as  are  present, 
shall  open,  sort  and  count  the  ballots,  and  the  person  who 
shall  have  a  majority  of  the  ballots  given  in,  shall,  by  the 
sheriffs,  orin  their  absence,by  the  junior  alderman  present, 
be  declared  to  be  elected;  and  no  ballot  shall  be  received 
after  the  box  shall  have  been  opened.  Each  of  said  cities 
shall  choose  a  clerk,  who  shall  make  true  and  regular  en-  Clerk. 
tries  of  all  the  votes  and  proceedings  of  the  city  ;  and  the 
records,  by  him  kept,  shall  have  the  same  validity  as  the 
records  of  town-clerks  :  and  shall  also  choose  a  treasurer  Treasurer 
for  each  city,  to  continue  in  office  during  pleasure,  who 
shall  have  the  same  power  and  authority,  as  town-treas- 
urers, and  shall  be  accountable  to  the  city  appointing  him. 
The  annual  officers  of  each  city,  chosen  at  such  meeting, 
shall  hold  their  offices  for  one  year,  after  the  expiration 
of  the  month  in  which  they  are  chosen  ;  unless  others 
shall  be  sooner  chosen  and  qualified  in  their  stead. 

SECT.  4.  Every  person,  who  shall  have  dwelt  one  year  Q"a'i*cation 
in  any  of  said  cities,  shall  be  deemed  an  inhabitant  of  °   volers* 
such  city,- so  far  only  as  to  give  him  a  right  to  vote  in  the 
meetings  of  such  city,  so  long  as  he  shall  continue  after- 
wards to  dweii  therein;  provided  such  person  shall  have 
the  other  qualifications  required  by  law,  to  entitle  him 
to  vote  in  such  meeting.     No  person  shall  be  entitled  to 
vote  in  any  meeting  of  said  cities,   until   he  shall  have 
dwelt  therein  one  year,  unless  he  be  a  legally  settled  in- 
habitant of  the  town,  in  which  such  city  is,  and  an  elector 
of  the  state,  dwelling  in  such  city.     And  if  any  person,    ' 
not  qualified  according  to   law,  shall  vote   at  any  city  Penalty  for 
meeting,  in  any  of  said  cities,  or  being  so  qualified,  shall,  voting  iile- 
in  any  such  meeting,  give  in  more  than  one  vote,  at  a  bal-  gajly> 
lot,  for  any  person,  to  the  same  office,  he  shall  forfeit  the 
•sum  of  seventeen  dollars  to  the  treasury  of  the  state. 

SECT.  5.  And  said  cities,  respectively,  shall  have  power 
to  grant  the  freedom  of  their  cities,  to  any  person  or  cities. 


112  Title  15.     Cities. 

persons,  living  without  the  limits  of  the  same  ;  and  the 
person  to  whom  such  freedom  is  granted,  shall,  upon 
taking  the  oath  by  law  required,  have  right  to  vote  at  any 
of  the  elections,  and  in  any  city  meeting  in  that  city, 
by  which  such  freedom  is  granted  :  Provided,  that  no 
person  shall,  in  virtue  of  such  grant,  be  considered 
as  entitled  to  the  rights  of  a  free  citizen  of  the  state,  or 
as  acquiring  a  right  of  inhabitancy  in  that  town,  in  which 
the  city  granting  such  freedom  lies. 
Cities  may  lay  SECT.  6.  Each  city,  in  legal  meeting  assembled,  shall 

^hu  col!ectP~  have  Power  to  laJ  taxes  on  tne  Polls  ancl  rateable  estates 
ors"  °  within  the  limits  of  the  city,  for  such  purposes  as  the  city  shall 

think  proper,  agreeably  to  the  privileges  granted  by  this 
act ;  and  to  choose  a  collector  or  collectors,  to  collect 
such  tax,  who,  having  received  a  warrant  for  that  purpose, 
signed  by  the  mayor,  or  one  of  the  aldermen  of  said  city, 
shall  have  the  same  power  as  collectors  of  town  taxes, 
and  shall  be  accountable  to  the  mayor  and  aldermen,  in 
the  same  manner  as  collectors  of  town  taxes  are  to  the 
select-men  ;  and  in  case  any  collector  shall  not  perform 
his  trust,  then,  on  complaint  by  the  aldermen  to  the  may- 
or of  the  city,  he  shall  issue  his  warrant,  under  his  hand, 
directed  to  either  sheriff  of  said  city,  to  collect  out  of  the 
estate  of  the  negligent  collector,  the  sums  due  from  him  : 
provided,  the  city  of  Hartford  shall  have  no  power  to  lay 
taxes  to  pave  the  streets  or  highways,  in  said  city,  or  to 
erect  wharves  on  Connecticut  river,  without  special  au- 
thority from  the  general  assembly. 

Power  andlia-       SECT.  7.  The  sheriffs  of  each  city  shall,  within  the  lim- 
bihty  of  iher-  ^g  of  ^  same?  have  the  same  power  and  authority  as  the 
sheriffs  of  the  counties,  and  shall  be  liable  to  the  same 
penalties  and  suits,  for  neglect  of  duty  ;  and  each  city 
shall  be  liable  for  the  default  of  their  sheriffs  in  their  of- 
Bonds.  rices.     And  said  sheriffs  shall  severally  give  bonds,  with 

sureties,  in  such  manner  as,  by  the  by-laws  of  each  city. 
shall  be  directed,  for  a  faithful  discharge  of  the  duties  of 
their  office,  before  they  shall  be  capable  to  execute  the 
same ;  and  in  case  of  their  refusal,  or  either  of  them,  the 
city  may  appoint  others  in  their  room. 

City  courfe,  SECT.  8.  There  shall  be  holden  in  each  city,  in  ever} 
when  to  be  month,  a  city  court.  Such  court  shall  be  holden  in  Hart- 
ford, on  the  first  Monday  ;  in  Middletown,  on  the  second 
Tuesday  ;  in  New-Haven,  on  the  first  Tuesday  ;  in  New- 
London,  on  the  first  Monday,  and  in  Norwich,  on  the 
second  Monday  :-  which  courts  shall  have  power  to  ad- 
journ from  time  to  time,  and  shall  have  cognizance  of  all 
cases  wherein  the  title  of  land  is  not  concerned,  cogni- 
zable by  county  courts,  provided  the  cause  of  action  ar.se 
within  the  limits  of  said  cities,  and  one  or  both  the  par- 


Title   15.     Cities.  113 

ties  live  within  the  same  •,  and  of  any  suit  or  action  that 
may  be  commenced  by  the  president,  directors,  and  com- 
pany of  any  bank,  in  the  city  in  which  such  bank  is  estab- 
lished, on  any  writing  obligatory,  made  payable,  by  the 
terms  of  it,  at,  and  endorsed  to  such  bank,  notwithstand- 
ing such  writing  may  have  been  executed,  drawn,  accept- 
ed, or  indorsed,  without  the  limits  of  such  city.  And 
said  city  courts  shall  have  the  same  power  and  authority, 
and  shall  proceed  in  the  same  manner,  and  grant  execu-  Mode  of  pro- 
tions,  as  county  courts  now  or  hereafter  shall  have  power  ceed'cg. 
to  proceed  and  grant ;  and  the  executions  granted  by  the 
city  courts,  shall  be  served  and  returned  in  the  same 
manner  as  executions  granted  by  county  courts.  And 
an  appeal  shall  be  allowed,  to  either  party,  from  the  judg-  Appeals, 
ment  or  determination  of  said  city  courts,  to  the  next  su- 
perior court,  to  be  holden  in  the  county  in  which  such 
judgment  is  rendered,  in  all  cases  in  which  an  appeal  is 
now,  or  shall  hereafter,  by  law,  be  allowed  from  county 
courts  :  but  if  judgment  is  rendered  in  favor  of  the  plain- 
tiff, he  may  apply  to  the  city  court,  at  the  term  when 
•uch  judgment  shall  be  rendered,  and  if  he  can  satisfy  the 
court  that  such  appeal  is  taken  for  delay  only,  then  such 
court  may,  at  their  discretion,  notwithstanding  such  ap- 
peal, direct  execution  to  issue  on  such  judgment,  for  the 
debt,  or  damages  and  costs,  against  the  defendant  or  de- 
fendants, and  the  plaintiff  may  levy  the  said  execution,  Execution 
and  collect  the  money  thereon ;  provided,  before  taking  m!iy  he  taken 
out  execution,  he  becomes  bound,  with  two  sufficient  sure-  °?g  bjn  pliitv1^", 
ties,  before  the  mayor  of  the  said  city,  or  one  of  the  judges  bond.  " 
of  said  city  court,  in  a  recognizance,  (which  recognizance 
the  mayor  of  each  city,  and  the  judges  of  the  city  courts, 
are  respectively  empowered  to  take,)  in  double  the  sum 
of  said  judgment,  that  he  will,  within  one  week  after  final 
judgment  on  the  appeal,  refund  so  much  of  the  judgment 
of  said  city  court,  as  shall  on  such  execution  be  collected, 
and  shall  not  by  him  be  recovered  before  the  court  to 
which  the  appeal  is  taken,  and  the  interest  thereof,  to- 
gethei  with  the  fees  on  the  execution,  which  shall  accrue 
and  be  paid  by  the  defendant  or  defendants  ;  and  no  ap- 
peal  shail  be  allowed  on  any  suit  commenced  on  such  re- 
cognizance. 

SECT.  9.  And  in  every  action  brought  before  any  city  if  plaintiff  live 
court,  in  which  the  plaintiff  lives  without  the  limits  of  the  out  of  city,  or 

city,  or  is  a  mariner  or  seaman,  suing  for  wages  due  to  be  a  <n*nnfri 
,.•"-  .       •    ,  •  ,.  i  ,1      j   c     i      ,  i-         fto  appeal  Mail 

him  for  service  in  his  occupation,  and  the  defendant  lives  be  a||owe(j 

within  the  limits  of  the  city,  no  appeal  shall  be  allowed  to  unless  df-mand 
the  defendant,  unless  the  matter  in  demand  exceed  the  J*^ed"and 
sum  of  one  hundred   and  sixty-seven  dollars  ;  but  if  the  B\^J*se^ 
matter  in  demand  exceed  that  sum,  an  appeal  shall  be  dollar*. 
15 


114  Title  15.     Cities. 

allowed  to  the  defendant,  in  the  same  manner,  and  under 
the  same  regulations,  as  appeals  are  allowed  in  other  ca- 
ses, cognizable  by  city  courts  ;  and  no  writ  of  error 
brought  for  the  reversal  of  any  judgment  of  a  city  court, 
or  of  the  mayor,  or  either  of  the  aldermen  of  a  city,  shall 
be  a  supersecteas,  or  have  any  force  to  stay  the  issuing, 
levying,  or  collection  of  execution. 

Clerk.  SECT.  10.  Each  city  court  shall  have  power  to  appoint 

and  swear  a  clerk  for  such  court,  to  continue  in  office 
during  pleasure,  who  shall,  as  to  matters  relative  to  his 
office  as  clerk  of  such  court,  have  the  same  power  and 
authority  as  clerks  of  county  courts  have  by  law;  and  the 
oath  to  be  taken  by  the  clerk  shall  be  the  same,  mutatis 
mutandis,  as  the  oath  provided  by  law  to  be  taken  by  the 
clerks  of  the  county  courts. 

Mayor  and  SECT.  11.  The  mayor  of  each  city,  for  the  time  being, 

aide' men  to  be  and  the  two  aldermen  first  chosen,  at  the  annual  meeting 
judges.  of  the  city,  shall  compose  the  city  court,  where  chosen, 

and  be  the  judges  thereof;  and  the  mayor  shall  be  the 
chief  judge  of  said  court,  and  the  two  aldermen  shall  be 
the  assistant  ,udges  of  said  court;  any  two  of  whom,  in 
the  absence  of  the  other,  taking  to  their  assistance  the 
senior  alderman  present,  that  is  not  a  judge  of  said  court, 
or  if  neither  of  the  aldermen  that  are  not  judges  of  said 
court,  cannot  attend,  one  of  the  justices  of  the  peace  for 
the  county  in  which  the  city  is,  and  resident  within  such 
city,  shall  have  power  to  hold  a  city  court.  If  at  any  city 
court,  there  shall  be  but  one  judge  present,  he  shall  take 
to  his  assistance  two  other  aldermen  of  the  city  ;  and  in 
case  one  or  both  of  them  cannot  attend,  he  shall  take  one 
or  two  of  the  justices  of  the  peace,  as  the  case  may  require, 
of  the  co"Unty  in  which  the  city  is,  resident  in  the  cityj 
and  they  shall  have  the  same  power  to  hold  a  city  court, 
as  the  judges  of  the  city  court  have.  In  case  of  the  ab- 
sence of  the  mayor,  and  the  two  aldermen,  constituted  by 
law,  judges  of  the  city  court,  of  either  of  said  cities,  or 
their  disqualification  to  sit  as  judges,  the  other  aldermen 
of  such  city,  taking  to  their  assistance  any  justice  of  the 

Eeace,  residing  in  the  county  in  which  such  city  is  e^tab- 
shed  ;  or  either  of  the  aldermen  of  such  city,  in  case  of 
the  absence  or  disqualification  of  the  mayor,  and  other 
aldermen,  taking  to  his  assistance  any  two  justices  of  the 
peace,  of  such  county,  shall  have  power  to  hold  a  city 
court,  within  and  for  such  city.  When  a  suit  is  pend- 
ing before  any  city  court,  wherein  the  defendant  or  de- 
fendants do  not  appear,  or  which,  pursuant  to  law.  must 
be  continued,  in  either  case,  any  one  competent  judve  of 
such  court,  shall  have  power,  and  the  same  is  hereby 


Title  15.     Cities.  115 

granted  to  him,  to  render  a  judgment  on  default,  or  to 
continue  the  action,  as  the  case  may  require. 

SECT.  12.  The  mayor  of  each  city,  or  in  his  absence,  Special  court*, 
the  senior  assistant  judge  of  each  city  court,  may,  at  the  howcalled- 
special  instance  and  cost  of  any  person  moving  therefor, 
hold  a  special  city  court,  at  such  time  and  place,  within 
said  city,  as  the  mayor  or  judge,  ordering  the  same,  shall 
appoint;  which  court  shall  proceed  in  the  same  manner, 
have  the  same  power  and  authority,  and,  in  all  respects,  be 
under  the  same  regulations  as  the  stated  city  courts  of  the 
city  :  and  all  the  taxable  fees  of  city  courts  shall  be  the  Taxable  fees, 
same  as  taxable  fees  of  county  courts.     And  the  several 
city  courts  shall  have  power  to  appoint  attornies  for  their  Attornies. 
respective  cities,  who  shall  be  sworn  to  a  faithful  dis- 
charge of  their  office  ;  and  such  attornies  shall  have  pow- 
er to  sue  and  prosecute  for  all  penalties  for  the  breach  of 
the  by-laws  of  said  cities,  in  the  name  of  the  city,  by  prop- 
er action  before  the  city  court. 

SECT.  13.  The  mayor  and  aldermen  of  the  several  cit-  Mayor  and  al- 
ies,  respectively,  shall  severally,  within  the  limits  of  the  dermeu  to 
city  to  which  they  belong,  have  cognizance  of  all  civil  !*HV?  pew? r  £{ 
causes,  by  law  cognizable  by  a  justice  of  the  peace,  pro-  "j^acT.'  ° 
vided  the  cause  of  action  arise  within  the  limits  of  such 
city,  and  one  or  both  of  the  parties  live  within  the  same  ; 
and  the  mayor  and  aldermen  shall,  as  to  the  causes  by 
them  severally  cognizable,  have  the  same  power  and  au- 
thority, and  proceed  in  the  same  manner,  as  justices  of  the 
peace  now,  or  hereafter  may,  have  and  proceed.  And  an  Appeah. 
appeal  shall  be  allowed  from  the  judgment  or  determina- 
tion of  said  mayor  and  aldermen,  in  any  cause  by  them  cog- 
nizable, severally,  to  the  next  city  court,  to  be  holden 
within  said  city,  in  all  causes  in  which  an  appeal  is  now,  or 
hereafter  shall  be,  allowed  from  a  judgment  of  a  justice  of 
the  peace  ;  the  prevailing  party,  however,  if  plaintiff,  may, 
such  appeal  notwithstanding,  take  out  an  execution  on 
such  judgment,  provided  he  give  a  bond,  before  the  may- 
or of  such  city,  or  one  of  the  judges  of  the  city  court,  in  the 
same  manner  as  is  provided  in  the  case  of  appeals  from  the 
city  court.  And  in  every  action  brought  before  the  may- 
or, or  either  alderman  of  the  city  where  they  belong,  in 
which  the  plaintiff  lives  without  the  limits  of  such  city,  or 
in  which  the  plaintiff  is  a  mariner  or  seaman,  suing  for 
wages  due  to  him  for  service  in  his  occupation,  and  the 
defendant  lives  within  the  limits  of  the  city,  no  appeal 
shall  be  allowed  to  the  defendant. 

SE'JT.  14.  The  taxable  fees,  in  all  causes  cognizable  by  Taxable  fees, 
the  mayor,  or  any  of  the   aldermen  of  a  city,  severally, 
shall  be  the  sa'.ne  as  taxable  fees,  in  like  cases,  before 
justices  of  the  peace.     And  the  processes,  in  all  actions  Processes; 


116 


Title  15.     Cities. 


bow  signed. 


Bonds  of  pros- 
ecution. 


Proviso. 


Time  of  ser- 
vice before 
the  sitting  of 
the  court. 


Return  of 
writs. 


Writs  return- 
able before 
mavor  or  al- 
dermen. 


Penalty  on 
sheriff*  &c. 
for  neglect  of 
duty. " 


brought  to  city  courts,  shall  be  the  same  as  processes  to 
the  county  courts  ;  and  the  processes  in  actions  brought 
before  the  mayor,  or  one  of  the  aldermen  of  any  city, 
shall  be  the  same  as  inactions  brought  before  a  justice  of 
the  peace  ;  which  process  shall  be  signed  by  the  governor, 
lieutenant-governor,  or  justice  of  the  peace,  or  by  the 
mayor,  or  one  of  the  aldermen  of  the  city,  or  clerk  of  the 
city  court,  where  the  process  is  to  be  served,  and  shall 
be  served  by  a  sheriff,  deputy-sheriff,  or  constable,  to 
whom  directed,  according  to  law,  and  the  provisions  of 
this  act.  And  all  bonds  for  prosecution,  taken  by  any  of 
the  officers  hereby  empowered  to  sign  writs,  shall  be 
good  and  effectual ;  and  bonds  for  prosecution,  special 
bail,  and  bonds  for  appeal,  shall  be  taken  to  the  adverse 
party :  Provided,  that  no  writs,  (executions  excepted,) 
or  processes,  signed  by  the  mayor,  or  either  of  the  alder- 
men, shall  be  of  any  effect,  without  the  limits  of  the  city 
to  which  they  belong. 

SECT.  15.  When  the  defendant,  who  is  sued  to  any 
city  court,  lives  within  the  limits  of  the  city,  the  writ 
shall  be  served  upon  him,  at  least  six  days  before  the  sitting 
of  the  court  to  which  the  writ  is  returnable:  but  if  the 
defendant  lives  without  the  limits  of  the  city,  the  writ  shall 
be  served  at  least  twelve  days  before  the  sitting  of  the 
court ;  and  all  writs  returnable  to  a  city  court,  shall  be 
returned  to  the  clerk  thereof,  on  or  before  the  day  of 
the  sitting  of  the  court,  and  before  the  first  opening  of 
such  court. 

SECT.  16.  The  writs  that  are  returnable  before  the  may- 
or, or  either  of  the  aldermen  of  a  city,  shall,  if  the  plaintiff 
and  defendant  both  live  within  the  limits  of  the  city,  or 
if  the  plaintiff  live  without,  and  the  defendant  live  within 
the  limits  of  such  city;  or  if  the  plaintiff  be  a  mariner  or 
seaman,  suing  for  wages  due  to  him  for  service  in  his  oc- 
cupation, and  the  defendant  lives  within  the  limits  of  the 
city;  be  served  upon  the  defendant,  at  least  three  days 
before  the  sitting  of  the  court  to  which  it  is  returnable ;  but 
if  the  defendant  lives  without  the  limits  of  the  city,  the 
writ  shall  be  served  upon  him,  at  least  six  days  before 
the  sitting  of  the  court  to  which  it  is  returnable. 

SECT.  17.  In  case  any  sheriff,  deputy  sheriff  orconstable, 
shall  not  serve  a  writ  directed  to  and  received  by  him. 
that  is  returnable  to  a  city  court,  or  shall  neglect  to  make 
return  of  said  writ,  or  shall  make  a  false  return  thereof, 
and  a  suit  for  such  default  be  brought  against  him,  to  such 
city  court,  by  the  person,  his  executor  or  administrator, 
in  whose  favor  the  suit  issued,  and  the  defendant  be  found  in 
default,  the  court,  over  and  above  awarding  just  damages 
to  the  party,  shall,  on  said  suit,  set  a  suitable  fine  upon 


Title   15.     Cities.  117 

the  defendant,  according  to  the  nature  of  the  case,  and 
may  issue  execution  for  the  same  ;  which  fine  shall  be  to 
the  treasury  of  the  city. 

SECT.  18.  The  mayor,  aldermen,  and  common  council 
of  each  city,  shall  annually  meet  for  the  election  of  jur- 
ors. They  Shall  meet  in  the  city  of  Hartford,  in  the  month 
of  March,  and  shall  choose  seventy-two  freemen  of  the  jurors,  how 
city,  or  such  greater  number  not  exceeding  one  hundred  chosen. 
and  twenty,  as  the  mayor,  aldermen  and  common  council, 
shall  judge  necessary  to  serve  as  jurors  at  city  courts. 
They  shall  meet  in  the  city  of  Middletown,  on  the  first 
Monday  of  February,  and  then  choose  thirty-six  freemen 
of  said  city,  or  such  greater  number,  not  exceeding  seven- 
ty-two, as  said  mayor,  aldermen,  and  common  council, 
shall  then  judge  necessary,  to  serve  as  jurors  at  city 
courts.  They  shall  meet  in  the  city  of^  New-Haven,  on 
the  first  Monday  of  Jdly,  and  then  choose  one  hundred 
and  forty-four  freemen  of  said  city,  to  serve  as  jurors  at  the 
city  court.  They  shall  meet  in  the  city  of  New- London,  on 
the  first  Monday  of  July,  and  then  choose  forty  or  more  of 
the  freemen  of  said  city  to  serve  as  jurors  at  the  city  court. 
They  shall  meet  in  the  city  of  Norwich,  on  the  first  Mon- 
day of  August,  and  choose  a  number  not  exceeding  one 
hundred  and  forty-four  freemen  of  said  city,  to  serve  at 
the  city  court.  And  in  each  of  said  cities,  they  shall  return  Return, 
the  names  of  the  jurors,  chosen  as  aforesaid,  under  the 
hand  of  the  mayor  of  the  city,  if  present,  or  in  case 
of  his  absence,  under  the  hand  of  the  senior  alderman 
present  at  such  meeting,  to  the  clerk  of  the  city  court,  who 
shall  write  each  juror's  name  thus  chosen,  fairly,  on  a 
separate  piece  of  paper,  and  roll  up  and  put  the  same 

into  a  box,  which  he  shall  provide  and  keep  for  that  pur-  C1?r ks  shal- 

11  •  i  -i       • /v»       /•  .          ^          put  na.rnes>  ID 

pose :  and  whenever  either  sheriff  of  any  city,  shall  a  box. 
receive  a  warrant  from  the  clerk  of  the  city  court,  to 
summon  a  jury  to  appear  before  said  court,  the  sheriff  Jurors,  hou 
receiving  such  warrant,  taking  with  him  one  of  the  alder-  drawn- 
men  of  the  city,  shall  repair  to  the  clerk's  office,  and 
there,  in  the  presence  of  such  alderman  and  clerk,  shall 
take  out  of  said  box,  as  many  papers  as  his  warrant  di- 
rects ;  andthe  persons  whose  names  shall  be  found  written 
therein,  shall  be  summoned  to  appear  before  the  court, 
to  which  the  warrant  is  returnable,  to  serve  as  jurors,  and 
in  case  of  neglecting  to  attend,  shall  be  liable  to  such  pen- 
alties as  shall  be,  by  the  by-laws  of  the  city,  inflicted  for 
such  neglect ;  and  in  case  a  complete  panel  shall  not  at- 
tend, or  in  case  any  shall  be  challenged  or  excused,  the 
sheriff  attending  the  court,  shall  supply  the  deficiency, 
by  drawing,  in  the  presence  of  the  court,  others  out  of  the 
said  box,  and  summoning  them  to  attend  and  serve,  until 


118 


Title  15.     Citie*. 


may 


try  issues 


Form  of  oath 
for  mayor. 


the  panel  shall  be  complete  :  and  the  names  of  such 
jurors  as  do  not  attend,  or  are  excused,  shall  be  returned 
Into  the  box,  and  shall  be  liable  to  be  drawn  again.  And 
the  oath  to  betaken  by  the  jurors,  shall  be  the  same  as  is  by 
law  provided,  to  be  taken  by  jurors  in  civil  actions.  And 
the  name  of  each  juror  that  attends  any  city  court  and 
serves,  shall  be  again  written  on  a  separate  piece  of 
paper,  and  shall  be  rolled  up  and  put  into  another  box, 
which  the  clerk  of  the  court  shall  provide  for  that  pur- 
pose, and  shall  be  liable  to  be  drawn  again,  in  case  there 
shall  not,  by  reason  of  death,  removal  or  other  cause,  be 
a  sufficiency  in  the  other  box,  to  complete  the  panels  for 
that  year  in  which  they  are  chosen  to  serve.  Provided, 
City  co'irta  that  the  judges  of  each  city  court,  shall  have  power  to 
jrv  an(j  decide  all  issues  in  fact,  that  shall  come  before 
them,  by  themselves,  or  by  a  jury  of  six  freemen,  where 
both  parties  shall  agree  to  it. 

SECT.  19.  The  mayor,  aldermen,  sheriffs,  common 
council,  and  clerks  of  each  city,  shall  be  sworn  to  the 
faithful  discharge  of  their  duty  ;  and  the  form  of  the  oath 
to  be  taken  by  the  mayor  of  each  city  shall  be  as  follows, 
to  wit  :  You  being  elected  mayor  of  the  city  of  ,  do 

swear  by  the  name  of  the  everliving  God,  that  you  will, 
without  any  partiality,  indifferently  administer  justice  ac- 
cording to  law,  without  respect  of  persons,  take  no  bribe, 
give,  no  counsel  in  any  matter  that  shall  come  before 
you,  nor  deny  right  to  any,  but  well  and  truly  perform 
your  office  of  mayor  of  said  city,  according  to  your  best 
skill  :  So  help  you  God.  And  the  form  of  the  oath  to 
be  taken  by  the  aldermen  of  each  city,  shall  be  the  same, 
mutatis  mutandis,  as  is  prescribed  by  law,  to  be  taken 
by  justices  of  the  peace.  And  the  form  of  the  oath  to 
be  taken  by  the  common  council  of  each  city,  shall  be 
as  follows,  to  wit  :  You  bting  electtd  a  common  council- 
man, for  the  city  of  ,  do  swear  by  the  name  of  the 

everliving  God,  that  you  will  faithfully,  and  uprightly 
discharge  the  duties  of  that  office,  so  long  as  you  shall 
hold  the  same  :  So  help  you  God.  And  the  form  of  the 
oath,  to  be  taken  by  the  sheriffs  of  each  city,  shall  be 
the  same  as  is  prescribed  by  law,  to  be  taken  by  sheriffs. 
mutatis  mutandis.  And  the  form  of  the  oath,  to  be 
taken  by  the  clerk  of  each  city,  shall  be  as  follows,  to 
wit  :  You  being  chosen  clerk  of  the  city  of  ,  do 

swear  by  the  name  of  the  everliving  God,  that  you  will 
truly  and  faithfully  attend,  and  execute  the  office  of  clerk 
of  said  city,  according  to  your  best  skill,  and  make  true 
entries  and  records  of  all  the  votes  and  proceedings  of 
said  city,  and  such  other  matters  as  by  law,  or  by  the  by- 
faws  of  said  city,  are  to  be  recorded  in  your  office,  and  that 


Aldermen. 


Common 
council. 


Sheriffs. 


Clerk. 


Title  15.     Cities.  119 

you  will  deliver  true  copies  of  the  records  in  your  hands, 
zvft.fn  they  shall  be  required  of  you,  taking  only  your  law- 
ful fees :   So  help  you  God.     Which  oaths  may  be    ad-   By  whom  ad- 
ministered by  a  ,ustice  of  the  peace,  or  by  the  mayor,  or  ministered, 
either  of  the  aldermen  of  the  city,  provided  they  have  been 
first  sworn  according  to  this  act.     And    the    person  ad- 
ministering the  oath,  prescribed  by  this  act,  shall  give  a  Certificate 
certificate  thereof,    to  the  person  to  whom  he  adminis-   be  §iven 
tered   it,  which  certificate  shall  be   recorded  in  the   re-  and  recorde 
cords  of  such  city,  before  the  person  to  whom  it  is  given, 
shall  be  capable  of  executing  the  office   to  which   he  is 
chosen. 

SECT.  20.  There  shall  be  a  court  of  common  council  of  Power  to 
each  city,  to  be  composed  of  the  mayor,  aldermen,  and  make  by-laws- 
common  council,  who,  by  a  ma;or  vote,  shall  have 
power  to  make  by-laws,  relative  to  markets  and  com- 
merce, within  the  limits  of  said  cities  ;  relative  to  persons 
summoned  to  attend  as  jurors  at  city  courts,  and  neglect- 
ing to  attend,  or  refusing  to  serve  ;  relative  to  the  streets 
and  highways  of  said  cities  ;  relative  to  nuisances  ;  re- 
lative to  the  wharves,  channels,  anchoring  and  moor- 
ing of  vessels  ;  relative  to  trees,  planted  for  shade,  orna- 
ment, convenience,  or  use,  public  or  private,  and  to 
the  fruit  of  such  trees  ;  relative  to  trespasses  commit- 
ted in  gardens  ;  relative  to  the  sweeping  ofchimnies: 
relative  to  the  forms  of  oaths  to  be  taken  by  the  treas- 
urers of  said  cities,  and  the  inspectors  of  produce  brought 
to  said  cities  for  sale  or  exportation  ;  relative  to  the  man- 
ner of  warning  meetings  of  said  cities,  and  the  courts  of 
common  council,  and  the  times  and  places  of  holding 
them  ;  relative  to  the  qualifications,  in  point  of  property, 
of  the  mayor  and  aldermen  ;  relative  to  the  bonds  to  be 
given,  by  the  sheriffs  of  said  cities,  for  a  faithful  dis- 
charge of  their  duty  ;  relative  to  the  penalties  to  be  in- 
curred by  those,  who,  being  chosen  to  any  city  office,  shall, 
(not  being  excused  by  the  city.),  refuse  to  serve;  relative 
to  a  city  watch;  relative  to  the  burial  of  the  dead  ;  relative 
to  public  lights  and  lamps  ;  relative  to  restraining  horses, 
cattle,  sheep,  swine,  and  geese,  from  going  at  large  with- 
in the  limits  of  said  cities  ;  relative  to  the  mode  of  taxa- 
tion, as  to  taxes  levied  by  said  cities;  relative  to  preserving 
said  cities  from  exposure  to  fire  ;  and  to  prevent  the  future 
erection  of  any  building  or  buildings,  in  the  most  com- 
pact and  populous  part  of  said  cities,  or  fhe  alteration,  or 
appropriation  of  any  buildings  already  erected,  to  be 
used  for  baker's  shops,  blacksmith's  shops,  hatter's  shops, 
or  tallow-chandler's  shops,  or  any  other  buildings,  for 
those  or  similar  purposes,  which,  in  the  opinion  of  the 
conrunon  council  of  said  cities,  respectively,  shall  more 
immediately  expose  said  cities  to  injury,  and  destruction 


120  Title  15.    Cities. 

from  fire.  And  the  court  of  common  council  of  each 
city,  shall  have  power  to  designate  and  assign  the  limits 
to  their  said  cities,  within  which  no  person  or  persons, 
shall  be  permitted  in  future  to  erect,  use,  or  occupy  any 
building  or  buildings  of  the  kind,  or  for  the  use  mention- 
ed in  this  act,  without  licence  from  the  court  of  common 
council ;  and  to  make  by-laws  relative  to  licensing  and 
regulating  cartmen,  or  truckmen,  butchers,  petty  grocers, 
or  hucksters,  and  common  victuallers,  under  such  re- 
strictions and  limitations,  as  to  them  shall  appear  ne- 
cessary ;  and  relative  to  raising  and  collecting  a  revenue, 
by  duties  and  indirect  taxes,  within  said  cities  ;  relative 
to  the  assize  of  bread,  crackers,  and  biscuits,  and  other 
manufactories  of  flour,  made  and  sold  within  said  cities  ; 
and  for  securing  to  the  inhabitants  of  cities,  and  other  per- 
sons, the  exercise  of  their  rights,  in  the  use  of  the  public 
squares,  streets  and  highways  within  said  cities,  free  from 
obstruction  and  molestation  ;  for  designating  the  place 
or  places  for  military  parades,  in  or  near  said  cities  ;  for  lay- 
ing out  and  regulating  public  squares  and  walks  ;  for  regu- 
lating military  parades  and  rendezvous,  within  the  limits 
of  said  cities  ;  and  the  marching  of  military  companies 
with  music  in  the  streets  of  said  cities  ;  for  preventing 
and  punishing  trespasses  on  public  buildings ;  for  defining 
the  powers  and  duties  of  the  city  watch,  and  carrying 
them  into  effect  ;  and  relative  to  preserving  the  health 
of  the  inhabitants  of  said  cities ;  relative  to  prohibiting 
and  regulating  the  bringing  in,  and  conveying  out,  or 
To  inflict  pen.  storing  of  gun-powder  in  said  cities  ;  and  to  inflict  penal- 
ties and  forfeitures  of  goods  and  chattels,  for  the  breach 
of  such  by-laws  ;  which  penalties  and  forfeitures,  shall  be 
to  the  use  of  said  cities  respectively,  or  to  such  person 
How  recover-  or  persons,  as  the  by-laws  shall  direct,  to  be  recovered 
able.  by  the  treasurers  of  said  cities,  for  the  use  of  the  same, 

or  by  the  persons  to  whom  forfeited,  in  an  action  on 
such  by-law,  brought  to  the  city  court,  in  said  city 
where  the  offence  is  committed ;  in  which  action  no  ap- 
Limitation  of  peal  shall  be  allowed:. Provided,  that  no  penalty  shall  ex- 
penalties  aod  ceed  the  sum  of  thirty-four  dollars  ;  and  no  forfeiture  of 
iorfe:turs.  goods  and  chattels,  shall  exceed  the  value  of  thirty-four 
dollars  ;  and  provided,  that  such  penalties  shall  not  ex- 
ceed thirty-four  dollars,  for  a  quantity  of  gun-powder, 
not  exceeding  twenty-five  pounds,  and  for  each  and 
evey  further  amount  of  twenty-five  pounds,  an  additional 
penalty  not  exceeding  fifteen  dollars.  And  all  penalties 
not  exceeding  seven  dollars,  may  be  sued  for,  before  the 
mayor  or  aldermen  of  the  city,  in  which  the  offence  is 
committed  :  and  the  defendant  shall  have  liberty  to  ap- 
peal, when  judgment  is  rendered  against  him,  to  the  next, 


Title  15.     Cities.  121 

city  court,  to  be  holden  in  and  for  said  city,  in  the  same 
manner  as   in  other  cases  :  provided,  that    no    by-laws 
shall  be  made,   repugnant  to  the  laws  of  the  state  ;  and 
that  all  by-laws  made  by  the  court  of  common  council, 
shall   be   approved   by  the  cities,  in    legal  meeting  as- 
sembled, and  shall  be  published,  at  least  three  weeks  sue-  By-laws  to  be 
cessively,    in  some  newspaper  in,  or  nearest  the  cities  published, 
where   made,  before  the   same  shall  be   of  any  validity. 
And  all  the  by-laws  of  said  cities,  shall,  at  any  time,  with- 
in six  months  after  they  are  made,  be  liable  to  be  repeal-  May  be  re- 
ed, by  the  superior  court,  or  supreme  court  of  errors,  in  Pealed- 
the  county  to  which  the  city  belongs,  if,  on  hearing,  they 
shall  be  judged    to  be  unreasonable  or  unjust. 

SECT.  21.  The  mayor,  aldermen  and  common  council   Wayor,fcc.  , 
of  each  city,  shall  have  power  to  lay  out  new  highways,  Jer  and° ex- *' 
streets,  and  public  walks  for  the  use  of  the  cities,  or  to  change  high- 
alter  those  already  laid  out,  and  exchange  highways  for  ways- 
highways,  or  to  sell  highways  for  the  purpose  of  purchas- 
ing other  highways,  taking  the  same  measures,  in  all  re- 
spects, as  are  directed  by  law,  in  case  of  highways  to  be 
laid  out  by  the  select-men,  for  the  use  of  their  towns ; 
and  the  party  aggrieved,  by  the  laying  out  of  such  streets, 
or  highways,  may  have  the  same  remedy,  by  application 
to   the  county  courts,  as  is  by  law  provided,  in  case   of 
highways  laid  out  by 'select-men. 

SECT.  22.  Each  city  shall  have  power  to  appoint  in- 
spectors of  every  kind  of  produce,  of  the  United  States,  produce, 
brought  to  such  city  for  sale  and  exportation. 

SECT.  23.  All  grants  and  leases  of  any  real  estate  be-  Grants  and 
longing  to  either  of  said  cities,  signed  by  the  mayor,  and  leases, 
sealed  with  the  city  seal,  and  approved  by  the  city,  in  a 
legal  meeting,  and  recorded  in  the  town  where  the  lands 
granted  or  leased  lie,  shall   be  effectual  to  convey  such 
estate. 

SECT.  24.  Whenever  the  mayor  of  either  of  said  cities,  Vacancies  in 
or  any  other  officer  eligible  by  the  freemen,  shall  resign,  office,  howswp- 
or  be  removed,  by  death  or  otherwise,  another  shalllbe  'lliedl 
elected  in  his  place,  and  (if  the  appointment  be  annual) 
shall  continue  in  olhce  for  the  same  time  as  the  person 
whom  he  succeeds  would  have  done,  had  he  not  resigned, 
or  been  removed. 

SECT.  25.  The  mayor  of  each  city,  or  in  his  absence,  Mayor  &c.  to 
the  senior  alderman  present,  at  any  meeting  of  the  city,  or  be  moderator 
any  court  of  common  council,  shall,  ex  officio,  be  modera-  of  DieetiD?s; 
tor  thereof.     A  meeting  of  the  city  may  be  adjoiirned,  which  may 
from  time  to  time,  by  a  major  vote  of  the  freemen  present.  adjournv 
And  a  special  meeting  of  each  city,  may  be  called  in  such 
manner  as  said  cities  shall  direct:  and  all  questions,  in  a 
Ifi 


122 


Title  15.     Cities. 


Major  vote  to 
decide. 

Firemen  in  the 
cilv  of  Hart- 
ford. 


Firemen  in  the 
ci!}    '('New- 
Haven. 


Inhabitants  to 
be  part  of 
town. 

Act  may  be 
altered. 


city  meeting,  shall  be  decided  by  a  majority  of  the  votes 
of  the  freemen  present. 

SECT.  26.  The  common  council  of  the  city  of  Hartford 
may,  on  the  first  monday  of  J  iy.  annually,  nominate  and 
appoint  thirty  persons,  living  within  the  limits  of  said  city, 
as  fire-men,  to  serve  in  the  two  fire-companies,  constituted 
in  said  city,  by  the  by-laws  thereof,  to  conduct  the  two  fire- 
engines  within  the  same ;  and  to  nominate  and  appoint 
thirty  persons  to  serve  in  an  additional  fire-company, 
constituted  in  said  city,  by  the  by-laws  thereof,  to  work 
the  fire-engines  within  the  same,  and  shall,  while  actual- 
ly serving  in  said  fire-companies,  be  exempted  from  mili- 
tary duty. 

SECT.  27.  And  the  common  council  of  the  city  of  New- 
Haven  may,  at  their  annual  meeting,  in  June,  nominate 
and  appoint  two  fire-companies,  to  consist  of  twenty  men 
each,  living  within  the  limits  of  said  city,  to  serve  in  the 
two  fire-companies  constituted  in  said  city,  by  the  by-laws 
thereof,  to  conduct  and  work  the  two  fire-engines  within 
the  same  ;  and  shall,  while  actually  serving  in  said  com- 
panies, be  exempted  from  military  duty. 

SECT.  28.  The  inhabitants  liv  ing  within  the  limits  of 
each  city,  shall  be  and  remain  a  part  of  the  town  within 
which  such  city  is  situated. 

SECT.  29.  If  this  act,  or  any  of  the  provisions  contain- 
ed in  it,  shall  be  found  inconvenient,  or  in  any  respect 
inadequate,  the  same  may  be  altered,  or  revoked,  on  re- 
presentation of  either  of  said  cities,  by  the  general  assem- 
bly. And  this  act  shall  be  a  public  act. 


CHAP.  II. 


composed  of 


An  Act  to  secure  the  cities  of  Hartford  and  New- 
Haven  from  damage  by  fire,  by  regulating  the 
mode  of  building. 

T5  ^  ^  enacted  by  the  Senate  and  House  of  Rep- 
'  lj  resentatives,  in  General  Assembly  convened. 
Buildings  tojbe  That  all  meeting-houses,  and  dwelling-houses  to  be  erect- 
ed within  the  limits  hereinafter  described,  and  all  other 
buildings,  having  a  chimney,  fire-place,  or  stove,  to  be 
erected  within  the  same  limits,  shall  have  their  outer 
walls  composed  entirely  of  brick,  or  of  stone,  and  mortar  ; 
and  all  additions  to  be  made  to  any  house,  or  other  build- 
ing, already  erected,  or  hereafter  to  be  erected,  within 
the  same  limits,  shall  have  their  outer  walls  entirely  com- 
posed  of  brick,  or  stone.,  and  mortar  ;  provided  such  ad- 
dition have  in  it  a  chimney,  fire-place  or  stove. 


brick  or  stone. 


Title    16.     Cities.  123 

SECT.  2.  And  the  aforesaid  regulations  shall  take  place,  Limits  in 
and  be  established,  in  all  parts  of  the  city  of  Hartford,  Hariford- 
comprehended  within  the  limits  following,  to  w.-t :  begin- 
ning at  the  dividing  line  between  Front-street  and  School- 
street  ;  thence  running  through  the  middle  of  the  follow- 
ing streets,  to  wit,  westwardly,  through  School-street 
and  Mill-street,  to  Maiden-lane  ;  thence  northwardly, 
through  Maiden-lane  andTrumbull-street,to  Main-street ; 
thence  south-easterly,  through  a  part  of  Main-street,  and 
eastwardly,  through  Morgan-street,  to  the  place  where 
Morgan-street  intersects  Meadow-lane ;  thence  due  east 
to  the  bank  of  Connecticut  river ;  thence  southwardly, 
on  the  bank  of  Connecticut  river,  to  the  north  side  of  the 
large  store  formerly  owned  by  William  Ellery ;  thence 
westwardly,  in  a  straight  line,  to  the  north-west  corner  of 
the  distillery  formerly  owned  by  George  Merrill,  and 
lately  by  Normand  Butler  ;  thence  southwardly,  to  the 
place  of  beginning. 

SECT.  3.  And  the  aforesaid  regulations  shall  take  place,  Limitsin 
and  be  established,  in  all  that  part  of  the  city  ofNew-Ha-  New-Haven, 
ven,  comprehended  within  the  following  limits,  to  wit : 
beginning  near  the  house  of  Gilbert  Totten,  in  the  cen- 
tre of  Water-street,  where  the  centre  of  Meadow-street 
intersects  the  said  Water-street  ;  thence  up  the  centre  of 
Meadow-street,  to  the  place  where  that  line  intersects  the 
centre  of  George-street,  and  comprehending  all  the  land 
lying  within  one  hundred  and  fifty  feet  of  the  westerly 
line  of  said  street  ;  thence  up  George- street,  in  the  cen- 
tre thereof,  to  a  point  one  hundred  and  fifty  feet  west  of 
the  westerly  line  of  Temple-street,  and  including  all  the 
land  lying  within  one  hundred  and  fifty  feet  of  the  south- 
westerly line  of  said  street ;  thence  running  easterly,  in 
the  line  parallel  with  Temple-street,  to  a  point  one  hun- 
dred and  fifty  feet  south  of  the  southerly  line  of  Crown- 
street  ;  thence  westerly,  in  the  line  parallel  with  Crown- 
street,  and  one  hundred  and  fifty  feet  from  the  southerly 
side  thereof,  to  a  point  one  hundred  and  fifty  feet  west  of 
High-street ;  thence  northerly,  in  a  line  parallel  with  High- 
street,  one  hundred  and  fifty  feet  west  of  the  westerly  side 
thereof,  to  a  point  one  hundred  and  fifty  feet  north  of  the, 
northerly  side  of  Elm-street ;  thence  easterly,  in  a  line  paral- 
lel with  Elm-street,  and  one  hundred  and  fifty  feet  from 
the  northerly  side  thereof,  to  a  point  one  hundred  and  fif- 
ty feet  easterly  of  State-street ;    thence  southerly,  in  a 
line  parallel  with  State-street,  and  one  hundred  and  fifty 
feet  from  the  easterly  side  thereof,  to  a  point  one  hun- 
dred and  fifty  feet  northerly  of  Court-street ;  thence  east- 
erly, in  a  line  parallel  with  Court-street,  and  one  hundred 
and  fifty  feet  from  the  northerly  side  thereof,  to  a  point  one 
hundred  and  fifty  feet  easterly  of  Olive-street ;  and  thence 


124 


Title   15.     Cities. 


Penalty. 


Houses  to  be 
fourfolded. 


Citiei  may 
appoint    com 
mittees. 


by  a  line  parallel  to  Olive-street,  and  one  hundred  and  fifty 
feet  from  the  easterly  side  thereof,  to  a  point  one  hun- 
dred and  fifty  feet  easterly  of  that  part  of  Water-street 
where  Olive-street  intersects  the  same ;  thence  to  the 
outside  of  the  Pier,  or  end  of  Long-wharf;  and  thence  to 
the  place  of  beginning ;  including  all  the  lands  within  said 
lines. 

SECT.  4.  Every  person  who  shall  erect,  add  to,  or 
cause  to  be  erected  or  added  to,  any  building,  within  the 
limits  aforesaid,  contrary  to  the  provisions  of  this  act, 
shall  forfeit  and  pay  to  the  treasury  of  the  county  in 
which  the  offence  is  committed,  a  fine  of  not  less  than  one 
hundred  dollars,  nor  more  than  one  thousand  dollars, 
according  to  the  nature  and  aggravation  of  the  offence. 

SECT.  5.  And  in  addition  to  the  fine  aforesaid,  all  dwel- 
ling-houses erected,  or  added  to.  contrary  to  the  provis- 
ions of  this  act,  within  the  limits  aforesaid,  shall  annually 
be  assessed  fourfold,  in  the  list  of  that  town  and  city,  in 
which  they  are  situated  ;  and  other  buildings  erected  or 
added  to,  contrary  to  the  provisions  of  this  act,  shall  be 
annually  set  in  such  lists  at  the  sum  of  thirty  dollars,  and 
it  shall  be  the  duty  of  the  assessors  to  set  the  same  ac- 
cordingly, in  the  lists  of  said  towns  and  cities ;  and  all 
such  houses  and  buildings  shall  be  forever  afterwards  rat- 
ed accordingly,  in  all  taxes  whatever,  so  long  as  such 
houses  or  buildings  remain. 

SECT.  6.  And  each  of  the  said  cities  of  Hartford  and 
New-Haven,  in  legal  meeting  assembled,  shall  have  pow- 
er, annually,  to  appoint  a  committee  of  not  less  than  three 
persons,  whose  duty  it  shall  be.  from  time  to  time,  to  ex- 
amine, and  enquire,  in  the  city  to  which  they  belong, 
whether  the  mode  of  building,  within  the  limits  aforesaid, 
be  conformable  to  this  act,  and  report  all  breaches  there- 
of, to  the  attorney  for  the  state,  in  the  county  where  the 
offence  is  committed,  that  the  same  may  be  prosecuted. 
And  this  act  shall  be  a  public  act. 


CHAP.  III. 


An  Act  regulating  Side-  Walks,  in  the  cities  of 
Hartford,  New-Haven,  and  Middletown. 


SECT    1 


Common 


E  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives, in  General  Assembly  convened, 

council  to  ree-  That  the  courts  of  common  council  of  the  cities  of  Hart- 
uiate  side-  ford,  New-Haven,  and  Middletown,  shall  have  power, 
walks.  from  time  to  time,  as  public  convenience  may  require,  to 

designate  and  fix  the  width,  course,  height,  and  level  of 


Title  15.     Cities.  125 

side-walks,  in  and  upon  the  streets  and  highways  in  said 
cities. 

SECT.  2.  And  for  the  purpose  of  rendering  such  side-  May  compel 
walks  convenient,  said  courts  of  common  council  may,  JJJJ™ of 
from  time  to  time,  give  order  to  the  proprietor,  or  propri-  g^e^to  lev- 
etors  of  the  lands  and  buildings  fronting  such  side  walks,  el  or  rai*e,  to 
at  their  own  expence,  to  level  or  raise  the  same,  on  their  flaS  or  Pave 
several  fronts,  according  to  the  width,  course,  height  and  1hem 
level,  designated  as  aforesaid  ;  and  also  to  pave,  or  to 
flag  in  such  manner  as  said  courts  of  common  council,  in 
each  city,  shall  direct,  any  side-walk  in  said  city,  as  well 
those  which  have  heretofore   been  designated  by  said 
courts  of  common  council,  in  pursuance  of  the  by-laws  of 
said  cities,  as  those  which  shall  hereafter  be  designated, 
in  pursuance  of  this  act.     And  said  courts  of  common 
council  may  limit  such  time  as  they  shaH  deem  reasona- 
ble, for  levelling  or  raising,  and   for  paving  or  flagging 
such  side-walk;     And  in  cases  where  the  land  or  build- 
ings, fronting  on  such  side-walks,  shall  be  holden  for  a 
term  of  years,  or  any  other  estate,  less  than  fee-simple, 
said  courts  of  common  council,  in  the  city  where  appoint- 
ed, may,   by  their  order,  apportion,  in  such  manner  as 
they  shall  judge  right,  the  expense  of  raising  or  levelling, 
and  paving  or  flagging  such  side-walk,  among  the  differ- 
ent pei-sons  having  an  interest  in  the  lands  or  buildings, 
holden  as  aforesaid. 

SECT.  3.  And  if  any  proprietor  or  proprietors,  shall  Mode  of  pro- 
neglect  to  level  or  raise,  or  to  pave,  or  to  flag  any  such  ceed|o?< '" 
side-walk,  in  such  manner  and  within  such  time,  as  said  Je^e  °  neg" 
courts  of  common  council  shall  direct  and  limit,  they 
may,  in  such  case,  appoint  and  employ  some  meet  person, 
to  raise  and  level,  and  to  pave  or  flag  such  side-walk,  on 
the  front  of  the  proprietor,  or  proprietors,  neglecting  as 
aforesaid  ;  and  adjust  and  liquidate  the  expense  thereof, 
and  order'the  same  to  be  paid  by  the  proprietor,  or  pro- 
prietors, neglecting  as  aforesaid  ;  and  appoint  a  collector 
or  collectors,  to  collect  of  each  proprietor,  the  sum  or 
sums  respectively  ordered  to  be  paid  as  aforesaid,  and 
pay  the  same,  within  such  time  as  said  courts  of  common 
council  shall  limit,  and  to  such  persons  as  they  shall  ap- 
point to  receive  the  same,  for  the  purpose  of  defraying 
such  expence;  and  such  courts  of  common  council,  shall 
cause  such  collectors  duly  to  account  therefor.  And  the 
mayor,  or  one  of  the  aldermen  of  either  of  said  cities, 
shall  issue  a  warrant  of  distress  to  such  collector,  in  the 
city  where  such  mayor,  or  alderman  belongs,  authorising 
him  to  collect  of  such  proprietor  or  proprietors,  re>pect- 
ively,  the  sums  ordered  to  be  paid  as  aforesaid  :  and 
every  such  collector  shall  have  the  same  power,  shall 


126 


Title  15.     Cities. 


Side-walks 
crossing 


Persons  ag- 
grieved, how 
to   obtain   re- 
dress. 


proceed  in  the  same  manner,  and  be  under  the  same 
regulations,  as  the  law  prescribes  in  the  case  of  public 
taxes. 

SECT.  4.  When  any  side-walk  shall  cross  a  street,  or 
highway,  the  court  of  common  council,  in  the  city  where 
such  highway  or  street  is.  may  cause  the  same  in  such 
place  to  be  suitably  levelled  or  raised,  and  paved  or  flag- 
ged, at  the  expence  of  such  city. 

SECT.  5.  If  any  person  or  persons,  shall  be  aggrieved, 
by  the  doings  of  any  court  of  common  council,  under 
this  act.  such  person  or  persons  may  prefer  his,  her,  or 
their  complaint,  to  the  next  county  court  in  the  coun- 
ty where  the  city  is  situated,  in  which  the  grievance 
complained  of  was  committed,  against  such  city,  by  caus- 
ing a  copy  of  such  complaint  to  be  left  with  the  clerk  of 
such  city,  at  least  twelve  days  before  the  sitting  of  such 
court ;  and  if  said  court,  on  hearing  such  complaint,  shall 
be  of  opinion,  that  any  part,  or  the  whole  of  the  expence, 
ordered  to  be  paid  by  such  persons,  ought  to  be  borne 
by  said  city,  said  court  shall  order  and  direct,  that  such 
complainant  or  complainants,  be  relieved  from  the  pay- 
ment of  such  part,  or  the  whole  of  such  expence,  as  to  them 
shall  appear  just  and  equitable  ;  and  shall  order  that  the 
expence  for  which  relief  shall  be  granted,  as  aforesaid, 
be  paid  by  said  city  :  and  if  it  shall  appear,  on  such  hear- 
ing, that  such  complainant,  or  complainants,  have  actually 
paid  any  sum  or  sums  of  money,  in  consequence  of  any 
order  made  by  said  court  of  common  council,  as  afore- 
said, which  ought  to  be  refunded,  said  county  court 
may  grant  execution  in  favour  of  such  complainant,  or 
complainants,  against  said  city  for  said  sum  or  sums. 


CHAP.  IV. 


Width  of 
streets  &c 


Building  reg- 
ulated on  pri- 
vate ways. 


An  Act  regulating  the  streets  and  buildings  in 
the  city  of  Hartford,  and  for  preserving  the 
health  of  the  inhabitants  thereof. 


SECT.   L 


BE  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives, in  General  Assembly  convened, 
That  hereafter  there  shall  not  be  laid  out  in  the  city  of 
Hartford,  any  public  highway,  street  or  alley,  of  less  width 
than  forty  feet,  except  at  its  entrance,  or  at  its  intersec- 
tion of  another  street,  highway  or  alley. 

SECT.  2.  No  house,  shop  or  store,  shall  be  erected, 
fronting  upon  any  private  way,  street  or  alley,  of  less 
width  than  forty  feet,  which  shall  be  hereafter  laid  out  or 
opened,  by  any  individual  or  individuals  :  Provided  nev- 


Title  15.     Cities.  127 

ertheless,  that  the  court  of  common  council  be,  and  Proviso  as  to 
they  hereby  are  authorised,  (if  they  see  fit)  to  give  special  lu 
licence  to  any  proprietor  or  proprietors  of  lands  adjacent, 
to  erect  stores  or  shops,  fronting  upon  such  private  ways, 
streets  or  alleys. 

SECT.  3.  And  every  person,  who  shall,  contrary  to  the  Fine, 
provisions  of  this  act,  erect  any  house,  shop  or  store, 
fronting  upon  any  private  way,  street  or  alley,  hereafter 
to  be  laid  out  or  opened,  shall  forfeit  and  pay  to  the  treas- 
urer of  the  county  of  Hartford,  a  fine  of  not  less  than  one 
hundred  dollars,  nor  more  than  five  hundred  dollars,  ac- 
cording to  the  circumstances  of  the  offence. 

SECT.  4.  In  addition  to  such  fine,  all  dwelling-houses,  Fourfold  as- 
erected  contrary  to  the   provisions  of  this  act,  shall  be  sessment  on 
annually  assessed  fourfold  in  the  lists  of  polls  and  ratable  g"1^1"?? 
estate  of  the  town  and  of  the  city  of  Hartford ;  and  all  trar/  to°"aw 
other  buildings,  erected  contrary  to  the  provisions  of  this 
act.  shall  be  annually  set  in  such  lists  at  the  sum  of  thirty 
dollars  ;  and  it  shall  be  the  duty  of  the  listers,  to  set  the 
same  accordingly,  in  the  lists  of  said  town  and  city ;  and 
all   such  houses  and  buildings  shall  be  ever  afterwards 
rated  accordingly,  in  all  taxes  whatever. 

SECT.  5.  The  court  of  common  council  of  said  city,  Common 
shall  be,  and  they  hereby  are  authorized  and  empowered,  council  may 
to  designate  lines  on  the  lands  of  proprietors,  adjoining  j^f"^'^ 
the  streets,  highways  and  alleys,  both  public  and  private,  front  of  build- 
already  laid  out,  or  hereafter  to  be  laid  out  in  said  city,  '*&£*>• 
between  which  lines  and  such  streets,  highways  or  alleys, 
no  building,  or  part  of  a  building,  shall  be  erected  :  Pro- 
vided, sach   lines   be  not  more  than  fifteen  feet  distant 
from  such  street,  highway,  or  alley. 

SECT.  6.   And  every  person  who  shall,  contrary  to  the  Fine  for 
provisions  of  this  act.  erect  any  building,  or  part  of  a  transgress'nS- 
building,  between  any  such  line  and  any  such  street,  high- 
way or  ajley,  shall  forfeit  and  pay  to  the  treasurer  of  the 
county  of  Hartford,  a  line  of  not  less  than  one  hundred  Fourfo1J  as- 
dollars,  nor  more  than  five  hundred  dollars  :  and  in  addi- 
tion to  such  fine,  all  such  buildings  shall  be  assessed  four- 
fold, and  set  in  the  lists,  and  rated  in  all  taxes,  in  the  same 
manner  as  is  provided  in  the  fourth  section  of  this  act. 

SECT.  7.  For  the  purpose  of  promoting  a  free  circula- 
tion of  air  in  said  city,  said  court  of  common  council  are  Openings  be- 
aut horized  to  designate  and  establish  passways,  and  open-  tween  build- 
ings between  the  buildings  in  said  city  ;  and  if  any  person  ings< 
shall,  by  erecting  any  building  or  other  obstacle,  obstruct 
the  free   circulation  of  air  through  any  such  passway 
or  opening,  he  shall  forfeit  and  pay  to  the  treasurer  of 
the  county  of  Hartford,  a  fine  of  not  less  than  one  hun- 
dred dollars,  nor  more  than  five  hundred  dollars. 


128  Title  15.     Cities. 

Power*  of  the  SECT.  8.  Said  court  of  common  council  shall  be,  and 
moTcoinctr  they  herebJ  are  authorized  and  empowered,  to  cause  all 
to  prevent  grounds  in  said  city,  where  water  at  any  time  becomes 
stagnant  wa-  stagnant,  to  be  raised  and  filled  up,  or  drained  ;  and  to 
ters.  and  to  cause  all  putrid  substances,  whether  animal  or  vegetable, 
ceanse  ^o  ^  remove(j .  an(j  ^o  cause  an  nuisances,  injurious  to 

health,  to  be  abated,  suppressed  and  removed. 

To  fill  up  and  SECT.  9.  And  to  effect  the  purposes  aforesaid,  said 
court  of  common  council,  may,  from  time  to  time,  as  they 
SSJofthe  shall  judge  it  conducive  to  the  health  of  the  inhabitants  of 
owner's  refu-  said  city,  give  order  to  the  proprietor  or  proprietors  of  any 
8al;  and  all  grounds,  sub;ect,  at  any  time,  to  be  covered  with 

stagnant  water,  to  till  up  and  raise  such  grounds,  at  their 
own  expense  ;  and  said  court  of  common  council,  may  de- 
signate how  high  such  grounds  shall  be  filled  up,  and  rais- 
ed; and  may  limit  such  time  as  they  shall  deem  reasonable, 
for  filling  up,  and  raising  the  same  :  and  if  such  proprietor 
or  proprietors,  shall  neglect  to  fill  up,  and  raise  such 
grounds,  in  such  manner,  and  within  such  time,  as  said 
court  of  common  council  shall  have  designated  and  limi- 
ted, said  court  of  common  council  may,  in  such  case, 
appoint  and  employ  some  meet  person  or  persons  to  fill 
up  and  raise  such  grounds,  and  may  adjust,  and  liquidate 
the  expense  thereof,  and  apportion,  and  assess  the  same 
upon  such  proprietors,  and  make  a  rate-bill  thereof,  spe- 
cifying each  proprietor's  share  of  such  expense,  and  ap- 
point a  collector  or  collectors,  to  collect  such  assessment, 
and  pay  the  same,  within  such  time  as  said  court  of  com- 
mon council  shall  limit,  and  to  such  person  as  they  shall 
appoint  to  receive  the  same,  for  the  purpose  of  defraying 
such  expense  ;  and  said  court  of  common  council  shall 
cause  such  collector  duly  to  account  for  the  amount  of 
such  rate-bill  :  and  the  mayor,  or  one  of  the  aldermen  of 
said  city,  shall  issue  a  warrant  of  distress  to  such  collec- 
tor, authorizing  him  to  collect  such  assessment  of  such 
proprietor  or  proprietors :  and  every  such  collector  shall 
proceed  in  the  same  manner,  and  have  the  same  powers, 
and  be  under  the  same  regulations,  as  the  law  prescribes 
in  case  of  collectors  of  public  taxes.  Provided,  that 
whenever  said  court  of  common  council,  shall  proceed 
according  to  the  powers  given  to  them  as  aforesaid,  to 
cause  any  grounds  subject  to  be  covered  Avith  stagnant 
water  to  be  tilled  up,  raised  or  drained  ;  or  any  putrid  sub- 
stances ornuisances,  injurious  to  health,  to  be  removed: 
the  said  court  of  common  council  shall  be,  and  they  are 
hereby  authorized  and  empowered,  in  every  instance 
wherein  they  shall  be  of  opinion,  thatany  part  or  the  whole 
of  such  expense,  so  incurred,  ought  to  be  borne  by  said 
city,  or  cannot  be  obtained  from  any  progrietor  or  pro- 


Title  15.     Cities.  129 

prietors,  to  order  and  direct,  that  such  part,  or  the 
whole  of  such  expence,  shall  be  paid  out  of  the  treasu- 
ry of  said  city,  and  to  draw  orders  on  the  treasurer  of 
said  city  for  the  same. 

SECT.  10.  If  said  court  of  common  council,  shall  judge  Or  to  drain 
it  conductive  to  the  health  of  the  inhabitants  of  said  city,  low  ground*, 
to  open  and  establish  drains  in  said  city,  said  court  of 
common  council  may  designate  the  places  where  such 
drains  shall  be  opened,  and  the  depth,  and  width  thereof ; 
and  such  drains  may  be  opened  through  lands  of  individ- 
ual proprietors,  as  well  as  through  public  highways. 
And  said  court  of  common  council  may  employ  suitable 
persons  to  open  such  drains,  and  from  time  to  time,  to 
cleanse,  and  repair  the  same  ;  and  may  adjust  and  liqui- 
date the  expence  thereof,  and  apportion,  and  assess  the 
same  upon  the  several  proprietors  of  the  lands,  through 
which  such  drains  are  opened,  and  also  upon  the  pro- 
prietors of  such  grounds  as  are  drained  thereby  ;  and 
such  assessment  or  assessments,  shall  be  collected,  ac- 
counted for,  and  paid  over,  in  the  manner  prescribed  in 
the  preceding  section  ;  and  for  those  purposes,  the  same 
powers  are  hereby  granted,  and  the  same  duties  enjoin- 
ed. Provided  always,  that  if  any  person  shall  be  ag-  Proviso,  ali 
grieved,  by  the  doings  of  the  common  council,  under  the  l°w>ng  an  ap* 
ninth  and  tenth  sections  of  this  act,  or  either  of  them,  peal- 
he  may  prefer  his  complaint  to  the  next  county  court, 
in  the  county  of  Hartford,  against  said  city,  by  caus- 
ing a  copy  of  such  complaint,  to  be  left  with  the  clerk 
of  said  city,  at  least  twelve  days  before  the  sitting  of 
said  court.  And  if  said  court,  on  a  hearing  of  such 
complaint,  shall  be  of  the  opinion  that  any  part,  or  the 
whole  of  such  expence,  so  incurred,  ought  to  be  borne  by 
said  city,  said  court  shall  order  and  direct,  that  such  com- 
plainant be  relieved  from  the  payment  of  such  part,  or 
from  the  whole  of  such  expence,  as  to  them  may  ap- 
pear just  and  equitable.  And  if  it  shall  appear,  on 
such  hearing,  that  said  complainant  hath  actually  paid 
any  sum  or  sums  of  money,  which  ought  to  be  refund- 
ed, said  court  may  grant  execution,  in  favour  of  such 
complainant,  against  said  city,  for  such  sum. 

SECT.  11.  Said  court  of  common  council  shall  be,  and  To  cause  pu- 
they  hereby  are  authorized  and  empowered  to  cause  all  *"£  to  I 
putrid  substances,  of  every  kind,  in  said  city,  to  be  re-  moved, 
moved,  at  the  expense  of  the  proprietors  of  the  buildings 
or  lands,  wherein  or  whereon  such  putrid  substances  may 
be  ;  and  the  expense  thereof  shall  be  liquidated,  collect- 
ed and  paid,  in  the  manner  prescribed  in  the  ninth  sec- 
tion of  this  act ;  and,  to  this  end,  the  same  powers  are 
hereby  granted,  and  the  same  duties  enjoined. 
17 


130 


Title  15.     Cities. 


To  make  by-         SECT.  12.  Full  power  and  authority  shall  be,  and  here 
serVinJ  health"  b^  is  grailted  to  tne  court  °f  common  council  of  said  city, 
to  make  by-laws  for  preserving  the  health  of  the  inhabit- 
ants of  said  city :  Provided  nevertheless,   that  such  by- 
laws be  approved  and  published,  and  be  liable  to  be  re- 
pealed,  in  the  same  manner  as  the  by-laws  which  said 
court  of  common  council  are  already  authorized  to  make. 
Public  act.  SECT.  13.  And  this  act  shall  be,  to  all  intents  and  pur- 

poses, a  public  act. 

CHAP.  V. 

An  Act  in  addition  to  an  act  regulating  {he 
streets  and  buildings  in  the  city  of  Hartford, 
and  for  preserving  the  health  of  the  inhabit- 
ants thereof. 


Notice  to  pro- 
prietors. 


Designation  of 
line. 


Survey. 


Damage,  by 
Whom  to  be 
paid. 


By  whom  to 
be  estimated. 


Proviso,  as  to 

per,.,nS 

aggrieved. 


E  it  enacted  by  the  Senate  and  House  of  Rep- 
tB  resentatives,  in  (jfeneral  Assembly  convened, 
That  when  the  court  of  common  council  of  the  city  of 
Hartford,  shall,  in  pursuance  of  the  tifth  section   of  the 
aforesaid  act,  designate  a  line  or  lines,  on   the   lands  of 
proprietors  adjoining  any  street,  highway  or  alley,  public 
or  private,  said  court  of  common  council  shall  cause 
reasonable  notice  to  be  given  to  the  proprietor  or  pro- 
prietors of  the  land,-  where  said  line  or  lines  are  propos- 
ed to  be  designated,  to  be  present,  at  the  time  such  de- 
signation shall  be  made  ;  and  in  making  such  designation, 
due  regard  shall  be,  had  to  the  general  line  of  such  street, 
highway  or  alley.     And   the  court  of  common  council 
shall  cause  a  survey,  in  writing,  to  be  made,  containing  a 
particular  description  of  such  line  or  lines,  with  the  quan- 
tity of  land  on  which  the   proprietor  or  proprietors  are 
prohibited  to  build,  which,  being  accepted  by  said  court 
of  common  council,  shall  be  recorded  in  the  records  of 
said  city.     And  the  damage  done  to  such  proprietor  or 
proprietors,  by  such  designation,  shall  be  paid  in  whole, 
or  in  part,  by  the  city,  or  in  whole  or  in  part,  by  the  per- 
son or  persons,  who  may  apply  for  the  same,  as  the  court 
of  common  council  shall  direct;  which  damages  shall  be 
estimated  by  three  judicious,  disinterested  freeholders  of 
said  city,  or  town  of  Hartford,  who  shall  be  appointed 
and  sworn,  by  the  mayor  or  senior  alderman,  and  a  certi- 
ficate thereof  made,  and  recorded  in  the  records  of  the 
city.     And  it  shall  be  the  duty  of  said  freeholders,  to 
make   a   return  of-  their  doings,  to   the   clerk  of  said 
city,  who  shall  record  the  same.      Provided  neverthe- 
less, that  if  any  person  shall  be  aggrieved  by  the  esti- 


Title  16.     Communities.  131 

mate  of  damages,  as  aforesaid,  such  aggrieved  person  Application 
may  apply  for  relief  to  the  next  county  court  to  be  hoi-  [^ be  made™ 
den  in  said  city,  causing  due  notice  to  be  given  of  such 
application,  by  leaving  a  copy  thereof  with  the  clerk  of 
said  city,  which  court  shall  enquire  into  the  facts  stated, 
and,  if  judged  expedient,  may  set  aside  the  doings  of  such 
freeholders,  and  appoint  three  other  freeholders  of  said 
city  or  town  of  Hartford,  to  re-estimate  such  damages,  Re-esfim.iteof 
who  shall  be  sworn,  and  also  cause  due  notice  to  be  giv-  damages, 
en  to  the  parties  interested,  to  be  present  at  the  time 
such  estimate  shall  be  made,  and  make  a  report  of  their 
doings  to  said  county  court,  which,  being  accepted,  shall 
be  final  and  conclusive  ;  and  the  court  may  allow  costs, 
or  not,  to  either  party,  as  it  shall  appear  just  and  reason- 
able. 

SECT.  2.  And  the  amount  of  damages  so   estimated,  Within  what 
shall  be  paid  to  such  proprietor,  or  proprietors,  or  the  tu"e!j:  (!;>ma- 
money  deposited  with  the  treasurer  of  the  city,  subject  ^id.  d 
to  his  or  their  order,  within  three  months  from  the  rising 
of  said  next  county  court,  if  no  application  for  a  reassess- 
ment of  damages  has  been  made  to  said  court ;  and  with- 
in six  months  from  the  rising  of  said  court,  where  an  ap- 
plication has  been  made,  and  new  appraisers  appointed ; 
and  on  failure  thereof,  in  either  of  the   cases  aforesaid, 
the  designation  of  such  line  or  lines,  shall  be  void. 

TITLE  16.     Communities. 

An  Act  enabling  Communities  to  enforce  and  de- 
fend their  rights. 


SECT.l. 


BE  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives, in  General  Assembly  convend.  That 


towns,  and  all  lawful  societies,  communities,  or  corpora-  Communities, 
tions,  shallhavepowertocommenceandprosecuteanysuits  how  to  sue 
or  actions,  to  maintain  and  recover  their  rights,  before  any  an 
court  proper  to  try  the  same  ;  and  may  appear  and  prose- 
cute, by  their  agents  or  attornies,  duly  appointed,  and  may, 
in  like  manner,  defend,  in  all  suits  brought  against  them ; 
and  when  sued,  the  service  of  the  writ,  by  leaving  a  true 
and  attested  copy  of  it,  by  some  proper  officer,  with  their 
clerk,  or  either  of  the  select-men,  or  of  the  committee, 
or  the  secretary  or  cashier,  twelve  days  before  the  sitting 
of  the  court  to  which  it  is  returnable,  shall  be  sufficient 
notice  for  them  to  appear  and  answer.     And  where  any 
community,  or  corporation,  incorporated  by  authority  of 
this  state,  transact  their  business  in  the  same,  and  have  no 
secretary,  clerk,  cashier,  or  other  officer,  residing  therein*- 


132 


Title  17.     Constables, 


May  appoint 
agents. 


then  a  true  and  attested  copy  of  the  writ,  left  with  the 
agent  of  such  corporation,  residing  in  this  state,  or  if  there 
be  none,  then  at  the  house  or  place  where  such  corpora- 
tion transact  their  business,  and  exercise  their  corpo- 
rate powers,  shall  be  sufficient  service  of  such  writ. 
SECT.  2.  All  towns,  and  lawful  societies,  communities, 
and  corporations,  shall  have  power,  in  their  lawful 
meetings,  to  appoint  agents  to  appear  in  their  behalf, 
and  to  employ  attornies,  if  necessary,  to  prosecute  or  de- 
fend, in  the  suits  in  which  they  are  parties. 


TITLE  17.     Constables. 


Towns  to  ap- 
point consta- 
bles. 


Their  power. 


To  receive 
hue-and-cries; 


to  put  forth 
bue-and-cries 


to  apprehend 
offender?  ; 


An  Act  relating  to  Constables. 

13  E  it  enacted  by  the  Senate  and  House  of  Rep- 
JLJ  resentatives,  in  General  Assembly  convened, 
That  every  town  shall,  at  their  annual  meeting,  appoint 
one  constable,  to  levy  and  collect  the  state  taxes,  and 
such  other  number  of  constables  as  they  may  judge  expe- 
dient, not  exceeding  seven,  who  shall  take  the  oath  pre- 
scribed by  the  constitution,  for  executive  officers,  on,  or 
before  the  first  Monday  of  January,  in  each  year,  and 
shall  hold  their  offices  until  the  next  annual  meeting  of  the 
town,  or  until  others  are  chosen,  and  sworn  in  their 
room. 

SECT.  2.  Constables  shall  have  the  same  power  within 
their  own  towns,  to  serve  and  execute  all  lawful  writs, 
precepts,  and  warrants,  directed  to  them,  by  lawful  au- 
thority, as  sheriffs  have  by  law,  within  their  counties,  and 
shall  be  liable,  in  the  same  manner,  for  any  neglect,  de- 
fault, or  misconduct  in  their  office. 

SECT.  3.  Constables  shall  duly  receive  all  hue-and- 
cries,  and  the  same  diligently  pursue  to  full  effect ;  and 
where  they  are  granted,  or  sent  out,  after  capital  or  crim- 
inal offenders,  such  pursuit  shall  be  at  the  expense  of  the 
state  ;  but  such  as  are  taken  out,  by  private  persons,  in 
their  own  cases,  at  the  expense  of  those  who  take  them 
out. 

SECT.  4.  Constables  shall  have  power  to  put  forth 
;  pursuits,  or  hue-and-cries,  after  murderers,  peace-break- 
ers, thieves,  robbers,  burglarians,  and  all  capital  or  crim- 
inal offenders,  when  no  justice  of  the  peace  is  near  at 
hand ;  and  also,  without  warrant,  to  apprehend  such  as 
are  guilty  of  profane  swearing,  drunkenness,  or  sabbath- 
breaking,  and  them  carry  before  the  next  justice  of  the 
peace,  to  be  dealt  with  according  to  law  :  Provided,  they 


Title  l£.     Convicts.  133 

be  taken  and  apprehended  in  the  act,  or  on  present  infor- 
mation of  others. 

SECT.  5.  Constables  shall  have  power  to  command  any  may  corn- 
person  or  persons  to   assist  them,    when  necessary,  in  manrf  assist- 
the  execution  of  the  duties  of  their  office  ;  and  if  any  ance> 
person  shall  refuse  to  assist  them,  having  been  duly  re- 
quired, he  shall  forfeit  a  sum  not  exceeding  seven  dol- 
lars, nor  less  than  two  dollars ;  which  forfeitures  shall 
be  to  the  use  of  the  town  where  the  offence  is  committed. 

SECT.  6.  And  if  any  constable,  or  other  person,  upon  Penalty  for 
urgent  occasion,  shall  refuse  to  aid  in  raising  and  pros-  ^ 
editing  hue-and-cries,  either  on  foot,  or  by  horse,  (if  need 
be,)  against  criminal  offenders,  he  or  they  shall  forfeit 
the  sum  of  seven  dollars,  to  the  use  aforesaid. 

TITLE  18.    Convicts: 
An  Act  to  prevent  the  importation  of  Convicts. 

BE  it  enacted  by  the.  Senate  and  House  of  Representatives, 
in  General  Assembly  convened,  That  no  person  con- 
victed of  any  crime  in  a  foreign  country,  and  sentenced  Convicts  may 
therefor  to  be  transported  abroad,  shall  be  imported  into 
this  state  ;  and  that  any  person,  or  persons,  who  shall  im- 
port or  bring  into  this  state,  any  such  convict,  or  be  aid- 
ingand  assistingtherein, knowing  such  person,  so  imported, 
to  be  a  convict,  and  sentenced  as  aforesaid,  shall  forfeit  and 
pay  to  the  treasurer  of  the  state,  the  sum  of  three  hun- 
dred and  thirty  four  dollars,  for  every  such  convict  so  im- 
ported as  aforesaid  :  and  whenever  any  person  sail  be  pro- 
secuted for  a  breach  of  this  act,  he  shall  be  deemed  guilty 
of  the  same,  upon  proof  that  he  has  imported  foreigners  Mode  of  proof, 
into  this  state,  or  has  been  aiding  or  assisting  therein,  un- 
less he  can  show,  to  the  satisfaction  of  the  triers,  that 
such  foreigners  were  not  convicts,  and  that  he  had  lawful 
right  to  import  the  same.  And  it  shall  be  the  duty  of 
attornies  for  the  state,  and  grand-jurors,  to  make  informa- 
tion and  presentment  of  all  breaches  of  this  act. 

TITLE  19.     Counterfeiting. 

An  Act  to  prevent  the  passing  of  counterfeit  Bills 
or  Coins. 

-      "13  E  it  enacted  by  the  Senate  and  House  of  Rep- 
JD  rtsentatives,  in  General  Assembly  convened, 
That  when  any  false,  forged,  altered  or  counterfeit  bill,  Jj^JtateMd 
made  in  imitation  of,  and  purporting  to  be,  a  bill  of  public  cashiers  of 


134  Title  19.     Counterfeiting. 

banks,  author-  credit,  issued  by  the  authority  of  the  United   States,  or 
an?  defer?*      aij^  ^alse>  ^orged'  altered  or  counterfeit  bill  or  note,  issued 
counterfeit        by  the  bank  of  the  United  States,  or  by  any  incorporated 
bills  and  notes,  bank  in  this  state,  or  any  of  the  United  States,  shall  be 
offered  to  be  passed  to  the  treasurer  of  the  state,  in  pay- 
ment of  debts  or  taxes,  or  to  the  cashiers  of  any  of  the 
banks  in  the  state,  in  payment  of  debts,  or  to  be  exchang- 
ed, it  shall  be  their  duty,  and  they  are  hereby  authorised, 
to  seize  and  deface  such  counterfeit  bills  or  notes,  and  to 
enter  on  the  back  thereof,  the   name  of  the  possessor, 
and  to  deliver  the  same  to  some  justice  of  the  peace,  for 
the  purpose  of  further  enquiry. 

Justices  of  the  SECT.  2.  When  any  justice  of  the  peace  shall  see,  or 
SedCtoU»e\zer"  have  knowledge  °A  any  sucb-  counterfeit  bill  or  note,  he 
and  deface  shall  have  power  to  seize  and  deface  the  same,  and  shall 
them.  enter  on  the  back  thereof  the  name  of  the  person  from 

whom  he  takes  it,  and  shall  retain  it  in  his  possession. 

Any  person  SECT.  3.  When  any  person  shall  discover  that  he  has 

counterfeit        *n  n's  Possess'on?   an)   such  counterfeit  bill  or  note,  he 

bill  or  note      shall  deliver  it  to  some  justice  of  the  peace  ;  and  if  such 

shall  deliver  it  justice  of  the  peace  is  of  opinion,  that  such  bill  or  note 

the*  "Sace*  °f  is  counterfeit»  he  shall  enter  on  the  back  of  it  the  name 

e  peace.        ^  ^e  person  of  whom  he  received  it,  and  that  it  was 

delivered  to  him  as  a  counterfeit  bill  or  note. 

SECT.  4.  Every  justice  of  the  peace,  who  has  received 
ticeeoi  toe*'    or  taken  a  counterfeit  bill  or  note,  or  with  whom  one  has 
peace  to  ex-     been  lodged  as  aforesaid,  may,  at  his  discretion,  cause  the 
amine.  bind      person  from  whom  it  was  siezed,  taken  or  received,  to 
over,  or  com-  come  before  him,  and  examine  him  on  oath,  respecting  the 
person  of  whom  he  received  the  same  ;  and  in  like  man- 
ner, to  make  such  further  enquiry  as  he  may  deem  expe- 
dient, to  discover  the  person  who  forged  or  altered  the 
same  ;  or  who  had  passed  it,  knowing  it  to  be  forged  or 
altered :    and  when  he   shall  obtain  satisfactory   proof 
against  any  person,  to  require  him  to  become  bound,  with 
sufficient  surety,  to  appear  before  the  proper  court  for 
trial,  or  to  .commit  him  for  want  of  bail. 

Proceedings          SECT.  5.  Every  person,  who  shall  deliver  up  a  conn- 
by  party  re-      terfeit  bill  or  note,  or  from  whom  it  shall  be  taken  as 
ceivingacoun-  aforesaid,  may  inform  the  person  from  whom  he  received 
note^to  recov-  **'  w^n  wnom  it  is  lodged,  and  demand  of  him  payment 
*r  damages.      of  the  same,  and  on  refusal,  may  bring  his  action  on  this 
statute,  before  any  court  having  cognizance  thereof,  to  re- 
cover his  just  damages ;  and  if,  on  trial,  such  bill  or  note 
shall  be  found  to  be  forged  or  altered,  the  court  shall  pro- 
ceed to  examine  the  parties  on  oath,  and  enquire  of  any- 
other  proper  witnesses  ;  and  if  it  shall  be  found,  that  the 
plaintiff  received  such  bill  of  the  defendant  for  a  true  bill, 
he  shall  recover  his  reasonable  damages,  and  cost :  Pro- 


Title  20.     Counties.  135 

vjded,  that  such  suit  shall  be  brought  within  one  year  Limitation  of 
after  passing  such  bill  or  note  :  and  that  the  plaintiff  shall  *"'*' 
not  have  offered  to  return  it  to  the  defendant,  before  it 
was  taken  by,  or  lodged  with,  a  justice  of  the  peace  as 
aforesaid  :   and   provided  also,    that   such  suit  may  be 
brought,  without  giving  information  to  the  defendant,  and 
making  demand  of  payment,  if  the  plaintiff,  at  the  time 
of  taking  out  the  writ,  shall  make  oath  before  the  author- 
ity issuing  the  same,  that  he  verily  believes  it  is  necessa- 
ry, in  order  to  secure  the  demand. 

SECT.  6.  Every  person  who  shall  have  made  satisfac-  Party  making 
tion  for  any  such  bill  or  note,  taken  or  delivered  up  as  satisfaction,  to 

aforesaid,  to  the  person  to  whom  he  put  off  the  same,  shall      ^e  llke  re~ 

...  r,  .         i  •      /•  i  •      j   me(Jy  over, 

have  a  like  remedy  against  him  from  whom  he  received 

such  bill  or  note  :  and  justices  of  the  peace,  who  shall 
have  such  bills  or  notes  in  their  hands,  shall,  at  the  cost 
of  the  party,  convey  the  same  to  any  court,  when  neces- 
sary, in  the  trial  of  a  cause. 

SECT.  7.  When  any  false  and  counterfeit  coin,  made  in  Power  of 
imitation  of  any  currentgoldarid  silver  coin,  shall  be  offer-  UjjJJe^J*1"3 
ed  to  the  treasurer  of  the  stale,  or  to  the  cashier  of  a  bank,  seize  counter- 
it  shall  be  their  duiy  to  seize  and  deliver  the  same  to  feit  coin, 
some  justice  of  the  peace,  with  the  name  of  the  person 
from  whom  it  is  taken  ;  and  every  justice  of  the  peace, 
who  shall  see  or  have  knowledge  of  any  such  false  and 
counterfeit  coin,  shall  seize  and  detain  the  same;  and 
every  person  who  shall  discover  that  he  has  in  his  pos- 
session any  such  false  and  counterfeit  coin,  shall   deliver 
the   same  to  some  justice  of  the  peace ;  and  the  same 
measures  shall  be  pursued  to  detect  the  counterfeiters, 
and  the  like  remedy  shall  be  given  to  the  party  aggrieved, 
as  in  the  case  of  counterfeit  bills  and  notes. 

TITLE  20.     Counties. 

An  Act  for  stating,   limiting,  and  naming  the 
Counties  in  this  State. 


B; 


it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives, in  General  Assembly  convened, 
That  the  towns  of  Hartford,  Berlin,  Bristol,  Burlington,  Hartford 
Canton,  East-Hartford,  East- Windsor.  Enfield,  Farming- 
ton,  Glastenbury,  Granby,  Hartland,  Marlborough,  Sims- 
bury,  Southington,  Suffield,  Wethersfield  and  Windsor, 
shall  be  and  remain  one  county,  by  the  name  of  the 
County  of  Hartford. 

SECT.  2.  The  towns  of  New- Haven,  Branford,  Chesh-  New-Haven- 
ire,   Derby,  East-Haven,  Guilford,  Hamden,  Meriden, 
Middlebury,  Milford,  North-Haven,  Oxford,  Southbury, 


136 


Title  21.     Courts. 


New-London. 


Fairfield. 


Litchfield. 


Wallingford,  Waterbury,  Wolcott,  and  Woodbridge,  shall 
be  and  remain  one  county,  by  the  name  of  the  County  of 
New-Haven. 

SECT.  3.  The  towns  of  New- London,  Norwich,  Bozrah, 
Colchester,  Franklin,  Griswold,  Groton,  Lisbon,  Lyme, 
Montville,  North-Stonington,  Preston,  Salem,  Stoning- 
ton,  and  Waterford,  shall  be,  and  remain  one  county,  by 
the  name  of  the  County  of  New-London. 

SECT.  4.  The  towns  of  Fairfield,  Danbury,  Bridgeport, 
Brookfield,Darien,  Greenwich,  Huntington,  New-Canaan, 
New-Fairfield,  Newtown,  Norwalk,  Reading,  Ridgefield, 
Sherman,  Stamford,  Stratford,  Trumbull,  Weston  and 
Wilton,  shall  be  and  remain  one  county,  by  the  name  of 
the  County  of  Fairfield. 

SECT.  5.  The  towns  of  Brooklyn,  Ashford,  Canterbury, 
Columbia,  Hampton,  Killingly,  Lebanon,  Mansfield, 
Plainfield,  Pomfret,  Sterling,  Thompson,  Voluntown, 
Windham  and  Woodstock,  shall  be,  and  remain  one  coun- 
ty, by  the  name  of  the  County  of  Windham. 

SECT.  6.  The  towns  of  Litchfield,  Barkhamstead, 
Bethlehem,  Canaan,  Colebrook,  Cornwall,  Goshen,  Har- 
winton,  Kent,  New-Hartford,  New-Milford,  Norfolk, 
Plymouth,  Roxbury,  Salisbury,  Sharon,  Torrington,  War- 
ren, Washington,  Watertown,  Winchester  and  Woodbury, 
shall  be,  and  remain  one  county,  by  the  name  of  the 
County  of  Litchfield. 

SECT.  7.  The  towns  of  Middletowii,  Haddam,  Chat- 
ham, Durham,  East-Haddam,  Killingworth  and  Saybrook, 
shall  be,  and  remain  one  county,  by  the  name  of  the 
County  of  Middlesex. 

SECT.  8.  The  towns  of  Tolland,  Bolton,  Coventry,  El- 
lington, Hebron,  Somers,  Stafford,  Union,  Vernon,  and 
Wellington,  shall  be,  and  remain  one  county,  by  thr 
name  of  the  County  of  Tolland. 

TITLE  21.     Courts. 

An  Act  for  constituting  and  regulating  Courts, 
and  for  appointing  the  times  and  places  of 
holding  the  same. 

[BE  it  enncledby  the  Senate  and  House  of  Rep- 

Seme  court     '  *   JDI  resentattves,  in  General  Assembly  convened, 

of  errors  con-     That  there  shall  be  a  supreme  court  of  errors  in  thi* 
stituted.  state,  which  shall  consist  of  one  chief  judge  and  four  as- 

sociate judges,  who  shall  be  appointed  for  that  purpose, 
from  time  to  time,  by  the  general  assembly,  any  three  of 


Middlesex. 


Tolland. 


Title  21.     Courts.  137 

whom,  when  met  for  that  purpose,  agreeably  to  law,  shall 
constitute  a  quorum,  for  doing  the  business  of  said  court. 

SECT.  2.  Every  cause  that  shall  be  brought  to,  or  re-  Causes,  where 
moved  for  trial,  into  the  supreme  court  of  errors,  shall  be  trie<i' 
entered  and  tried  in  that  county,  where  such  cause,  or 
judgment  complained  of,  was  originally  entered,  tried  or 
rendered  in  the  superior  court ;  and  the  clerks  of  the  su-  Th?  <0  be 
perior  courts,  in  the  several  counties,  shall  be  clerks  of 
the  supreme  court  of  errors,  in  their  respective  counties  : 
Provided  nevertheless,  that  the  secretary  of  state  is  em-  Secretary  of 
powered  and  authorized  to  give  certified  copies  of  the  fl^opies0" 
records  of  the  supreme  court  of  errors,  remaining  in  his 
office. 

SECT.  3.  The  supreme  court  of  errors  shall  have  final  Jurisdiction  of 

and  conclusive  jurisdiction  of  all  matters,  brought  by  way  9uf)renie  court 
c  •     i    .    ,     /.  °,  e  of  errors,  rind 

of  error,  or  complaint,  from  the  judgments  or  decrees  of 

any  superior  court,  in  matters  of  law  or  equity,  wherein 
the  rules  of  law,  or  principles  of  equity,  appear  from  the 
files,  records,  or  exhibits  of  said  court,  to  have  been  mis- 
takenly, or  erroneously  adjudged  and  determined  ;  and 
said  supreme  court  of  errors  is  hereby  empowered,  au- 
thorized and  enabled  to  take  cognizance  of  all  such  caus-  powers, 
es  as  shall  be  brought  before  them,  as  aforesaid,  and  are 
invested  with  all  the  power  and  authority,  necessary  for 
carrying  into  complete  execution,  all  their  judgments, 
decrees,  and  determinations,  in  the  matters  aforesaid,  ac- 
cording to  the  laws,  customs  and  usages  of  this  state  ; 
and  their  judgments,  decrees,  and  determinations,  shall 
be  final  and  conclusive,  on  all  concerned. 

SECT.  4.  The  supreme  court  of  errors  shall,  from  time  TO  assign 
to  time,  as  shall  be  necessary,  assign  to  the  judges  there-  judges  of  the 
of,    the  county   or  counties,    in  which    they   shall    re-  suPerior  court 
spectively  hold  a  superior  court,  as  is  hereinafter  pro- 
vided ;  but  the  same  judge  shall  not  hold  a  superior  court 
in  the  same  county,  at  two  successive  terms  thereof. 

SKCT.  5.  The  supreme  court  of  errors  are  hereby  em-  institute  rules 
powered  to  institute  such  rules  of  practice,  for  the  regu-  of  Practice- 
lation  of  said  court,  and  of  the  superiorcourts,  in  the  sev- 
eral counties,  as  shall  be  deemed  most  conducive  to  the 
administration  of  justice. 

1   SECT.  6.  Whenever,  by  any  casualty,  none  of  thejudg-  i(-,,0  judge  at- 
es  of  the  supreme  court  of  errors  shall  attend,  on  the  day,  'end,  &c. 
and  at  the  place,  appointed  by  law,  for  the  holding  of  said  the  court  to  be 
court,  the  sheriff  of  the  county  where  said  court  is  ap-  a  Jou' 
pointed  to  be  holden,  may  adjourn  the  court  from  da/ 
to  day,  till  one  or  more  of  said  judges  do  attend,  and  then 
such  judge,  or  judges,  as  may  attend,  may  adjourn  said 
court  from  day  to  day,  till  a  quorum  be  present ;  or  they 
may,  (or  if  none  attend,  within  twenty-four  hours  after 
18 


138 


Title  21.     Courts. 


Judges  to  as- 


sign reasons. 


To  appoint  a 
reporter. 


Superior 
court  consti- 
tuted. 


Its  jurisdic- 
tion ; 
criminal  ; 
riv*. 


In  capital  cas- 
es, two  judges, 
at  least,  to 
hold  the  court. 


Equity  juris- 
diction. 


Special  supe- 
rior court  may 
be  holden. 


the  time  appointed  for  holding  said  court,  the  said  sher- 
iff is  directed  to.)  continue  the  causes  there  pending, 
and  adjourn  accordingly,  without  day. 

SECT.  7.  In  all  causes  decided  by  the  supreme  court 
of  errors,  the  judges  shall  publicly  assign  the  reasons  of 
their  judgment,  at  the  term  in  which  the  cause  shall  be 
decided,  or  at  the  next  succeeding  term. 

SECT.  8.  The  supreme  court  of  errors  shall,  annually, 
appoint  a  reporter  of  the  judicial  decisions  of  said  court, 
who  shall  receive  such  compensation  for  his  services,  as 
the  general  assembly  shall,  from  time  to  time,  direct. 

SECT.  9.  Be  it  further  enacted,  That  there  shall  be  a 
superior  court  of  judicature  of  this  state,  to  be  holden  an- 
nually, in  each  of  the  counties  thereof,  at  the  times  and 
places  hereafter  in  this  act  designated,  by  one  of  the 
judges  of  the  supreme  court  of  errors,  assigned  for  that 
purpose,  as  is  herein  before  provided ;  which  court  shall 
have  cognizance  of  all  causes,  of  a  criminal  nature,  as  is, 
or  shall  be,  prescribed  by  law  ;  and  shall  also  have  cogni- 
zance of  all  causes,  real,  personal,  or  mixed,  of  a  civil  na- 
ture, between  party  and  party,  which  shall  be  brought  be- 
fore it,  by  appeal,  writ  of  error,  scire-facias,  complaint, 
petition,  or  otherwise,  according  to  law,  and  the  same  to 
try,  by  a  jury,  or  otherwise,  as  the  law  may  direct,  and 
therein  to  proceed  to  judgment,  and  award  execution 
thereon.  But  in  all  trials  before  the  said  court,  when 
the  punishment,  in  case  of  conviction,  is  death,  the  said 
superior  court  shall  consist  of  at  least  two  judges  ;  and 
the  judge  who  may  be  assigned  to  hold  the  court,  where 
such  trials  are  to  be  had,  shall  call  to  his  assistance,  one 
or  more  of  the  other  judges  of  the  supreme  court  of  er- 
rors. 

SECT.  10.  And  the  superior  courts  shall,  also,  have  ju- 
risdiction of  all  suits  for  relief  in  equity,  wherein  the  val- 
ue of  the  matter,  or  thing  in  demand,  exceeds  the  sum  of 
three  hundred  and  thirty-five  dollars,  and  to  enquire  into 
the  facts  relating  to  the  same,  by  themselves,  or  by  a 
committee,  and  proceed  therein  to  final  sentence  and  de- 
cree, and  enforce  the  same,  according  to  the  rules  of 
equity ;  and  all  suits  for  relief  in  equity,  against  any 
judgment  given,  or  cause  depending  at  law,  in  the  supe- 
rior court,  shall  be  brought  to  the  said  court. 

SECT.  11.  The  chief  judge  of  the  supreme  court  of 
errors,  or  in  his  absence  from  the  state,  or  inability  to  act, 
any  two  of  the  other  judges,  are  hereby  empowered  to 
call  a  special  superior  court,  upon  any  extraordinary  oc- 
casion, and  to  designate  the  judge  or  judges,  who  shall 
hold  the  same. 


Title  21.     Courts.  139 

SECT.  12.  When  the  judge,  assigned  to  hold  the  supe-  When  the 
rior  court  in  any  county,  shall,  by  sickness,  or  other  cas-  ^f'V" 
ualty,  be  prevented  from  holding  the  same,  the  chief  court,  is 
judge  is  hereby  authorized  and  directed  to  hold  the  same,  vented,  or 
or  to  designate  some  other  judge  for  that  purpose  ;  and  does  not 
whenever  it  shall  so  happen  that  the  judge  assigned  to  hold  j^eed 
any  superior  court,  shall  be  absent,  on  the  day,  appointed 
by  law  for  holding  the  same,  it  shall  be  the  duty  of  the 
sheriffof the  county,  where  such  court  is  to  be  holden,  to 
adjourn,  by  proclamation,  the  same,  to  the  next  day,  and 
from  day  to  day,  till  a  judge  shall  appear  to  hold  the  same. 

SECT.  13.  The  judges  of  the  superior  court  are  hereby  Judges  of su- 
ttilly  authorized  and  directed,  to  appoint  and  swear  a  clerk  perior  court  to 
of  the  superior  court,  in  and  for  each  county  in  this  state,  aPP£mt  a 
(and,  if  need  be,  an  assistant  clerk,)  whose  duty  it  shall  ° 
be,  and  he  is,  hereby,  fully  empowered  jto  grant  execu-  his  duty  and 
tions  on  judgments  rendered  in  and  by  said  court,  in  the  power, 
county   in  and  for  which  he  is  appointed,  and  to  do  all 
things  proper  for  him  as  clerk  of  said  court,  in  the  execu- 
tion of  his  office,  according  to  the  rules,  orders  and  di- 
rections of  said  jcourt,  and  according  to  law  ;  and  the  re- 
cords and  proceedings  of  said  court,  in  each  county,  shall 
be  and  remain  in  the  custody  of  the  clerk  of  said  court, 
appointed  in  and  for  such  county. 

SECT.  14.    The  superior  court  shall  have   power,   at  Judges  may 
every  session,  in  all  causes  pending  before  them,  which  order  times 
may  require  a  hearing,  or  trial,   at  the  next  succeeding  ^pleading, 
session,  to  order  and  direct,  all  pleas  to  be  entered  and 
closed,  ready  for  trial ;  and  said  courts,  may,  when  they 
deem  it  necessary,  order  such  pleas  to  be  filed,  and  en- 
tered in  the  offices  of  the  clerks  of  said  court,  at  any  time 
during  the  several  vacations. 

SECT.  15.  It  shall  be  the  duty  of  the  superior  court,  May  adjourn* 
in  any  county,  whenever  the  state  of  the  business  pend-  session. 
ing  before  the  same,  shall  require  it,  to  adjourn  any  ses- 
sion thereof,  from  time  to  time,  as  shall  be  deemed  expe- 
dient. 

SECT.   16.  Be  it  further  enacted,   That  there  shall  be  County  courts 
held  and  kept  in  each  county  in  this  state,  yearly  and  constituted ; 
every  year,  at  the  times  and  places  hereafter,  in  this  act, 
mentioned,  two  or  more  sessions  of  the  county  courts,  by 
a  chief  judge,  and  two  associate  judges,  appointed  and 
commissioned  for  that  purpose  ;  any  two  of  whom  shall  their  juriidic- 
have  power  to  hold  said  courts  ;  which  shall  have  power  tion5 
to  hear,  examine,  try  and  determine,  by  a  jury  or  other- 
wise, all  causes  of  a  civil  nature,  real,  personal,  or  mixed,  civil ; 
and  also  all  criminal  matters,  which  may  be  regularly  criminal; 
brought  before   them,  according  to   law  ;  and   shall  also  chancery 
have  jurisdiction  of  all  euits,  for  relief  in  equity,  wherein 


146 


Title  21.     Courts. 


In  the  absence 
of  the  chief 

to  preside? 


In  the  absence 

'hovTtti^cfurt 
istobeformed. 


Chiefjudge 
may  call  a 
special  court. 
Judges  may 
acrourn  tne 

courts. 

When  a  court 
is  not  formed, 
h?  to  pro- 


Sheriff  may 
court™  tii& 


Courts  may 
appoint  their 

*11' 


Clerk's  duty 
and  power. 


Presiding 

judg   to  have 
3  mg  vo  e. 


{he  matter  or  thing  in  demand  shall  not  exceed  the  sum  of 
three  huudred  and  thirty-live  dollars,  (excepting  suits  for 
relief  against  any  judgment  rendered,  or  cause  depending 
at  law,  in  the  superior  courts,)  and  may  proceed  therein 
to  final  sentence  and  decree,  and  enforce  the  same,  ac- 
cording to  the  rules  of  equity. 

SECT.  17.  In  the  absence  of,  or  legal  exception  to,  the 
chief  judge  of  any  county  court,  the  senior  associate  judge 
present,  and  qualified,  shall  preside,  and  be  subject  to  all 
the  duties,  and  invested  with  all  the  powers,  for  the  time 
being,  as  the  chief  judge  ;  and  when  it  shall  so  happen, 
that,  by  reason  of  the  absence  of,  or  legal  exception  to,  any 
two  of  the  judges  of  any  county  court,  there  shall  be  but 
one  JU(%e  Present?  qualified  to  try  any  cause  pending  in 
the  same,  the  said  judge  may  call  to  his  assistance  any 
one  of  the  justices  of  the  peace,  for  the  same  county,  not 
legally  disqualified  to  jucjge  in  said  cause,  and  proceed  to 
the  trial  of  the  same. 

SECT.  18.  The  chief  judge  of  each  county  court,  may 
call  a  special  county  court,  upon  any  extraordinary  oc- 
casjon  .  an(j  the  judges  of  said  court  may  adjourn  the 

same  when  they  shall  deem  it  necessary,  to  some  distant 
.  i      i_.  •      i     i 

hme  5  and  whenever  it  shall  so  happen  that  no  more  than 
one  of  the  judges  of  said  court  shall  appear  on  the  day, 
and  at  the  place,  appointed  by  law,  for  holding  the  court, 
the  said  judge  may  adjourn  the  same,  from  day  today, 
till  a  quorum  of  judges  do  attend  ;  and  whenever  no  one 
of  the  judges  of  said  court  shall  appear  on  said  day,  the 
sheriff  of  the  county  in  which  the  said  court  is  to  be  hold- 
en'  's  nereDJ  directed  to  adjourn  the  same,  from  day  to 
day,  till  one  or  more  of  the  judges  do  attend,  to  hold  said 
court. 

SECT.  19.  The  county  courts  are  authorized  to  appoint 
and  swear  their  own  clerks,  and  treasurers  for  their  re- 
spective  counties  ;  which  clerks,  so  appointed  and  sworn, 
are  empowered  to  sign  all  writs  and  processes,  as  justices 
of  the  peace  by  law  are  ;  also,  to  grant  executions  on 
judgments  rendered  by  said  courts,  on  which  executions 
are  to  be  issued,  and  to  do  all  other  matters  and  things, 
according  to  the  orders  and  directions  of  said  courts, 
proper  for  them  in  the  execution  of  said  office,  and  ac- 
cording to  law. 

SECT.  20.  The  chief  judge,  or  presiding  judge,  for  the 
time  being,  of  the  county  courts,  whenever  there  shall  be 
an  equa]  division  of  opinion,  on  any  question  before  said 
courts,  shall  have  a  casting  voice.  The  like  power  and 
authority,  every  president  or  moderator,  in  any  civil  court, 
arbitration,  meeting,  or  assembly,  shall  exercise,  in  simi- 
lar cases,  except  when  the  law  provides  otherwise-. 


111 


Title   21.     Courts. 

SECT.  21.  The  county  courts  may  alter  and  establish 
rules  of  practice,  in  their  respective  courts  ;  may  direct 
when  pleas  shall  be  tiled  and  entered  ;  may   make  such  tice; 
rules  and  regulations  as  to  them  shall  seem  proper,  re- 
lative to  the   admission  and  practice  of  attornies  ;  may  admit  attor- 
approve  of,   admit,  and  cause  to  be  sworn  as  attornies,  niei ; 
such  persons  as  are  qualified  therefor,  agreeably  to  the 
rules  established,  which  admission  shall  be  registered  by 
the  clerk  ;  and  no  person  not  thus  admitted,  (except  in  no  other  per. 
his  own  cause,)  shall  be  admitted  or  allowed  to  plead  at  son  to  plead ; 
the  bar  of  any  court ;  nor  shall  more  than  one  attorney  how  many  at. 
be  allowed  to  plead  on  the  same  side  of  any  cause,  ex-  tornies  in  an 
cept  wherein  the  title  of  land,  or  right  of  way,  may  be  in  actlon; 
question,  or  the   sum  in  demand  shall  exceed  forty  dol- 
lars ;  and  in  no  case,  shall  more  than    two  attornies   be 
admitted  to  plead,  on  the  same  side.     And  said  attornies  to  be  under 
shall  be  under  the  direction  of  the  courts  before  whom  the  direction 
they  plead ;  and  said  courts  may  fine  them,   not  exceed-  ^fayhbe°finedi 
ing  one  dollar  for  any  one  offence  against  their  rules,  or  suspended  or ' 
suspend,  or  displace  them,  for  transgressing  the  rules  of  displaced, 
pleading,  or  other  rules,  or  regulations  established  by 
said  courts,  or  for  other  just  cause. 

SECT.  22.  And  the  county  courts  in  each  county,  shall  State  attornies 
appoint  one  attorney  for  the  state,  who  shall  prosecute,  to  be  appoint- 
manage,  and  plead  in  the  county  where  appointed,  in  all 
matters  proper  for,  and  in  behalf  of  the  state  ;  and  who 
shall  hold  his  office  for  two  years,  unless  sooner  remov-  Term  of  office, 
ed  by  said  courts.     Each  attorney  for  the  state,  before 
entering  upon  the  duties  of  his  office,  shall  take  the  oath  Oath, 
prescribed  by  the  constitution  for  executive  officers,  and 
shall  give  bond,  with  surety,  to  the  treasurer  of  the  state, 
and  to  his  acceptance,  in  the  sum  of  three  thousand  dol- 
lars, conditioned  that  such  attorney  shall  annually  ac- 
count for,  and  pay  over,  according  to  law,  all  monies  be- 
longing to  the  state,  which  he  may  receive  as  attorney  for 
the  state.     And  whenever   the    attorney   for  the  state 
shall  be   absent  or  disqualified  to  act  in  any  cause,  the 
county  or  superior  court  before  whom  the  same  is  pend- 
ing, may  appoint  a  special  attorney  for  the  prosecution  sPecial  attor- 
of  the  cause  in  question  ;  and  also,  on  application  of  the 
attorney  for  the  state,  may  appoint  an  assistant  attorney,  Assistant 
to  aid  in  the  prosecution  of  any  sait,  information  or  in- 
dictment. 

SECT.  23.  The  county  courts,  in  the  respective  coun-  County  courte 
ties,  are  hereby  authorized  and  directed  to  take  care  of  J^UJ"8  CJ|J  °f 
all  the  property,  real  and  personal,   in  their  respective  pertj. 
counties,  which  belongs  to  such  county  ;  and  the  same  to 
let,  demise  and  manage,  for  the  benefit  of  such  county;' and 
when  they  shall   judge  expedient,  may  sell  or  purchase 


142 


Title  21.     Courts. 


Time*  and 
p'-.»«-fs  of  hold- 
ing r oarts  in 
Hertford 
county. 


New-Haven 
county. 


New-London 
county. 


Fa'rfielcl 
county. 


Windham 
oouulj. 


Litchfield 

county. 


real  estate  ;  and  all  conveyances  of  estates,  to,  or  from 
a  county,  shall  be  done  in  the  name  of  the  treasurer  of  the 
comity,  and  his  successors  in  office  ;  and  the  said  courts 
may,  at  their  discretion,  license  any  suitable  person,  wh» 
is  keeper  of  the  gaol  in  either  of  the  counties,  and  resi- 
dent in  a  house  belonging  to  such  county,  to  be  a  tavern- 
er. 

SECT.  24.  The  several  courts  herein  before  mention- 
ed, shall  be  held  at  the  times  and  places  herein  after  spe- 
cified, to  wit. — In  the  County  of  Hartford:  The  supreme 
court  of  errors,  on  the  second  Tuesday  in  June.  The 
superior  court,  on  the  second  Tuesday  in  February ;  and 
on  the  first  Tuesday  in  September.  The  county  court, 
on  the  fourth  Tuesday  in  March  ;  on  the  second  Tuesday 
in  August;  and  on  the  second  Tuesday  in  November. — 
In  the  county  of  New- Haven  :  The  supreme  court  of 
errors,  on  the  Tuesday  following  the  fourth  Tuesday 
in  June.  The  superior  court,  on  the  third  Tuesday  in 
January  ;  and  on  the  second  Tuesday  in  August.  The 
county  court,  on  the  third  Tuesday  in  March  ;  on  the 
fourth  Tuesday  in  June  ;  and  on  the  fourth  Tuesday  in 
November. — In  the  county  of  New-London:  The  su- 
preme court  of  errors,  on  the  third  Tuesday  in  July,  al- 
ternately at  New-London  and  Norwich,  beginning  at 
New-London.  The  superior  court,  on  the  fourth  Tues- 
day in  January  ;  and  on  the  first  Tuesday  in  October  ^ 
yearly,  alternately  at  New-London  and  Norwich,  begin- 
ning at  New-London.  The  county  court,  on  the  first 
Tuesday  in  March,  alternately  at  New-London  and  Nor- 
wich, beginning  at  New-London ;  on  the  second  Tues- 
day in  Jane,  at  New-London;  on  the  third  Tuesday  in 
November,  at  Norwich.— In  the  county  of  Fair ji  eld  :  The 
supreme  court  of  errors,  on  the  fourth  Tuesday  in  June, 
alternately  at  Fairfield  and  Danbury,  beginning  at  Dan- 
bury.  The  superior  court,  on  the  third  Tuesday  in  Sep- 
tember, at  Danbury  ;  and  on  the  last  Tuesday  in  Decem- 
ber, at  Fairfield.  The  county  court,  on  the  last  Tuesday 
in  February,  alternately  at  Fairfield  and  Danbury,  be- 
ginning at  Fairfield  ;  on  the  third  Tuesday  of  April,  at 
Fairfield  ;  and  on  the  third  Tuesday  in  November,  at 
Danbury. — In  the  county  of  Windham  :  The  supreme 
court  of  errors,  on  the  fourth  Tuesday  in  July.  The 
superior  court,  on  the  first  Tuesday  in  January  ;  and  on 
the  second  Tuesday  in  September.  The  county  court, 
on  the  third  Tuesday  in  August ;  on  the  third  Tuesday  in 
March  ;  and  on  the  second  Tuesday  in  December. — In 
the  county  of  Lite  hf  eld :  The  supreme  court  of  errors, 
on  the  third  Tuesday  in  June.  The  superior  court,  on  the 
third  Tuesday  in  February  ;  and  on  the  third  Tuesday  in 


Title  21.     Courts.  143 

August.    The  county  court,  on  the  first  Tuesday  in  April ; 
on  the  fourth  Tuesday  in  September ;  and  on  the  third 
Tuesday  in  December. — In  the  county  of  Middlesex  :       Middlesex 
The  supreme  court  of  errors,  on  the  second  Tuesday  of  county. 
July,  alternately  at  Middletown  and  Haddam,  beginning 
at  Middletown.     The  superior  court,  on  the  fourth  Tues- 
day in  February,  at  Middletown  ;  and  on  the  fourth  Tues- 
day in  October,  at  Haddam.     The  county  court,  on  the 
Tuesday  after  the  first  Monday  in  April,  at  Haddam  ;  and 
en  the  fourth  Tuesday  in  September,  at  Middletown. — 
In  the  county  of  Tolland  :    The  supreme  court  of  errors,  Tolland 
on  the  Tuesday  following  the  fourth  Tuesday  in  July,  county. 
The  superior  court,  on  the  third  Tuesday  in  April ;  and 
•n  the  fourth  Tuesday  in  December.     The  county  court, 
on  the  second  Tuesday  in   March  ;  and  on  the  second 
Tuesday  in  September. 

SECT.  25.   Be  it  further  enacted,  That  there  shall  be  a  Courts  of  pro- 
court  of  probate,  held  and  kept  in  each  of  the  several  bate  constitu- 
districts,  hereinafter  mentioned,  to  be  held  by  one  judge,  te(J- 
to  be  appointed  and  commissioned  for  that  purpose,  each 
«f  which  judges  shall  have  a  clerk,  by  him  to  be  appoint- 
ed and  sworn  to  the  office  ;  which  courts  of  probate  shall  Their  power 
have  the  cognizance  of  the  probate  of  wills   and  testa-  and  duty* 
ments,  the  granting  of  administration,  the  appointing  and 
allowing  of  guardians,  and  shall  act  and  judge  in  all  testa- 
mentary and  probate  matters,  and  in  every  other  thing 
proper  for  a  court  of  probate  to  act  and  judge  in,   ac- 
cording to  law. 

SECT.  26.  The  districts  of  the  several  courts  of  pro-  p   .  t    ,. 
bate,  shall  be  as  follows,  to  wit : — The  towns  of  Hartford,  tricts  estab- 
Windsor,  Wethersfield,  East-Hartford,  Glastenbury,  and  lished. 
that  part  of  Berlin  which  was  formerly  in  the  town  of  Hartford. 
Wethersfield,   shall  be  one  district,  by  the  name  of  the 
district  of  Hartford.     The  towns  of  New-Haven,   Mil-  New-Haven, 
ford,    Derby,    VVoodbridge,   East-Haven,  North-Haven, 
Hamden  and  Oxford,  shall  be  one  district,  and  be  called 
the  district  of  New-Haven.     The  towns  of  New-London,  New-L 
Lyme,  Montville,  Waterford,  and  that  part  of  Salem  which  'T 
was  formerly  in  the  town  of  Lyme,  shall  be  one  district, 
and  be  called  the  district  of  New-London.     The  towns  Fairfield. 
of  Fairfieid  and  Weston,  shall   be  one  district,  and  be 
called  the  district  of  Fairfield.     The  towns  of  Windham,  windham. 
Lebanon,  Mansfield,  and  Hampton,  shall  be  one  district, 
and  be  called  the  district  of  Windham.     The  towns  of 
Plainfield,  Canterbury,  Killingly,  (except  the  north  socie-  Plainfield. 
ty)  Voluntown,  Sterling,  and  that  part  of  Brooklyn  which 
was  formerly  a  part  of  Canterbury,  shall  be  one  district, 
and  be  called  the  district  of  Plainfield.     The  towns  of 
Guilford  and  Branford,  (except  the  society  of  Northford)  Gujlford. 


144 


Woodbury. 


East-Had- 


Litchfield. 

Stamford. 

Danbnry. 
Norwich. 

Middletown. 


Pomfret. 


aharou. 


aimsburj. 

Stonington. 

Fannington. 

VVallingford. 

Saybrook. 
Stratford. 
East-Windsor. 


Title  21.     Courts. 

shall  be  one  district,  and  be  called  the  district  of  Guil- 
ford.  The  towns  of  Woodbury,  Southbury,  Roxbury, 
Bethlehem,  and  the  society  of  Judea,in  the  town  of  Wash- 
ington, shall  be  one  district,  and  called  the  district  of 
Woodbury.  The  towns  of  East-Haddam,  Colchester, 
Marlborough,  the  part  of  Chatham,  south  of  Salmon  riv- 
er, and  the  part  of  Salem  that  was  formerly  a  part  of 
Colchester,  shall  be  one  district,  and  be  called  the  district 
of  East-Haddam.  The  towns  of  Litchfield,  Goshen, 
Torrington,  Cornwall,  Harwinton,  W^arren,  and  Wash- 
ington, (except  the  society  of  Judea)  shall  be  one  district, 
and  be  called  the  district  of  Litchfield.  The  towns  of 
Stamford,  Greenwich,  and  Darien.  shall  be  one  district, 
and  be  called  the  district  of  Stamford.  The  towns  of 
Danbury,  Reading,  Ridgefield. and  New-Fairfield, shall  be 
one  district,  and  be  called  the  district  of  Danbury.  The 
towns  of  Norwich,  Preston,  Lisbon,  Franklin,  Bozrah,  and 
Griswold,  shall  be  one  district,  and  be  called  the  district 
of  Norwich.  The  towns  of  Middletown,  Haddam,  Dur- 
ham, Chatham,  (except  that  part  south  of  Salmon  river) 
and  that  part  of  Berlin,  which  was  formerly  a  part  of  the 
town  of  Middletown,  shall  be  one  district,  and  be  called 
the  district  of  Middletown.  The  towns  of  Pomfret, 
Ashford,  Woodstock,  the  north  society  in  Killingly, 
Thompson,  and  that  part  of  Brooklyn,  not  included  in 
the  district  of  Plainfield,  shall  be  one  district,  and  called 
the  district  of  Pomfret.  The  towns  of  Sharon,  Salisbu- 
bury,  and  Canaan,  shall  be  one  district,  and  be  called  the 
district  of  Sharon.  The  towns  of  Stafford,  Tolland,  Wil- 
lington,  Somers,  Union,  Vernon,  and  the  east  part  of 
Ellington,  extending  as  far  west  as  the  west  line  of  Tol- 
land, shall  be  one  district,  and  called  the  district  of  Staf- 
ford. The  towns  of  Simsbury,  Canton,  New-Hartford, 
and  Barkhampstead,  shall  be  one  district,  and  called  the 
district  of  Simsbury.  The  towns  of  Stonington,  Groton, 
and  North-Stonington,  shall  be  one  district,  and  calJed 
the  district  of  Stonington.  The  towns  of  Farmington. 
Southington,  Bristol,  Burlington,  and  that  part  of  Berlin, 
which  was  formerly  a  part  of  the  town  Farmington,  shall 
be  one  district,  and  called  the  district  of  Farmingtoa. 
The  towns  of  Wallingford,  Cheshire,  Meriden,  and  the 
society  of  Northford  in  the  town  of  Branford,  shall  be 
one  district,  and  called  the  district  of  Wallingford.  The 
towns  of  Saybrook  and  Killingworh.  shall  be  one  district, 
and  called  the  district  of  Saybrook.  'J  he  towns  of  Strat- 
ford, Huntington,  Trumbnll.  and  Bridgeport,  shall  be  one 
district,  and  called  the  district  of  Stratford.  The  towns 
of  East-Windsor,  Enfield,  and  that  part  of  Ellington, 
which  lies  west  of  a  meridian  line  drawn  from  the 


Title  21.     Courts.  145 

north-west  corner  of  Tolland,  shall  be  one  district,  and 
called  the  district  of  East- Windsor.     The  towns  of  Wa- 
terbuiy,  Watertown,  Plymouth,  Wolcott,  and  Middlebu-  Watert»»y- 
ry,  shall  be  one  district,  and  called  the  district  of  Water- 
bury.    The  towns  of  Norfolk,  Colebrook,  and  Winchester,  Norfolk. 
shall  be  one  district,  and  called  the  district  of  Norfolk. 
The  towns  of  New-Milford,  Kent,  and  Sherman,  shall  be  New-Milford. 
one  district,    and  called  the   district  of   New-Milford. 
The  towns  of  Hebron,  Coventry,  Bolton,  and  Columbia,  Hebron, 
shall  be  one  district,  and  called  the  district  of  Hebron. 
The  towns  of  Norwalk,  New-Canaan,  and  Wilton,  shall  Norwalk. 
be  one  district,  and  called  the  district  of  Norwalk.     The 
towns  of  Granby  and  Hartland,  shall  be  one  district,  and  Granby. 
be  called  the  district  of  Granby.     The  towns  of  New-  Newtown, 
town  and  Brookfield,  shall  be  one  district,  and  called  the 
district  of  Newtown.     The  town  of  Suffiejd,  shall  be  one  Suffield. 
district,  and  be  called  the  district  of  Suffield. 

SECT.  27.    The  judges  of  the  several  courts  of  probate  Judges  may 
are  hereby  authorized  to  hold  their  said  courts,  in  any  of  ^"JJJJJ*1?  ia 
the  towns  within  the  districts  for  which  they  are  or  shall  their 'districts-. 
be  appointed. 

SECT.  28.  Whenever  any  disputable  and  difficult  mat-  When  to  call 
ter  shall  appear  in  any  case,  depending  before  any  judge  assistance. 
of  a  court  of  probate,  such  judge  may  call  to  his  assistance 
any  one  or  two  of  the  judges  of  the  county  court,  of  that 
county,  in  which  such  disputable  matter  may  arise. 

SECT.  29.  Whenever  there  shall  be  so  near  a  relation-  When  dis- 
ship  between  any  deceased  person,  and  the  judge  of  pro- 
bate  of  the  district  in  which  such  deceased  person  last 
dwelt,  as  between  father  and  son,  by  nature  or  marriage,  or 
brother  and  brother,  in  like  manner;  or  whenever  any 
judge  of  probate  shall  be  interested  in  the  estate  of  any 
deceased  person,  as  being  legatee,  or  devisee,  or  heir  at 
law;  or  if  any  person,  while  acting  as  executor  or  admin- 
istrator of  .the  estate  of  any  deceased  person,  in  any 
court  of  probate,  shall  become  the  judge  of  said  court; 
in  every  such  case,  such  judge  shall  be  disqualified  to  act 
as  judge,  in  the  settlement  of  such  deceased  person's 

estate,  and  the  cognizance  thereof,  shall  appertain  to  the  the        . 
•j          f          i>i-  j  •    •    •        j  •  j.  •    A       i-  u      an   adjoining 

judge  of  probate   in  an  adjoining  district,  who  may  by  district  to  ha  VP 

law  act,  and  who  resides  nearest  to  the  residence  of  the  cognizance  ; 
judge  so  disqualified  ;  and  the  judge  so  residing  in  an  ad- 
joining district,  shall,  in  every  such  case,  have  full  authori- 
ty to  proceed  to  a  final  settlement  of  the  estate  of  such 
deceased  person,  and  shall  cause  his  doings  to  be  record- 
ed in  the  probate  records   of  the  district  wherein  such  and  when  the 
deceased  person  dwelt.     And  if  any  claim  on  an  insol-  judge  is  dig- 
vent  estate  is  to  be  reviewed  in  any  probate  district,  and 
the  judwr  therein  shall  be  related  to  any  person  interest- 
19 


146  Title  21.     Courts. 

ed  in  such  estate,  in  so  near  a  degree  as  is  herein  specifi- 
ed, such  claim  shall  be  heard  and  decided  by  the  judge 
who  to  act.  of  probate  in  an  adjoining  district,  residing  as  aforesaid, 
and  two  justices  of  the  peace,  or  one  judge  of  the  county 
court  in  the  county ;  and  their  judgment  on  such  claim 
shall  be  final,  and  recorded  in  the  records  of  the  probate 
district,  wherein  such  estate  is  settled  ;  and  the  judge 
of  probate,  in  such  district,  shall  conform  to  such  judg- 
ment in  further  proceeding  upon  such  estate. 

When  office  is  SECT-  30.  Whenever  during  the  recess  of  the  general 
vacant,  who  to  assembly,  the  office  of  judge  of  probate,  in  any  district, 
act.  shall  become  vacant,  by  the  death  of  the  judge,  the 

judge  of  probate  of  an  adjoining  district,  who  may  by  law 
act,  and  who  resides  nearest  to  the  last  residence  of  such 
deceased  judge,  shall  have  full  power  to  execute  the  office 
of  judge   of  probate    in  such   vacant   district,    until   a 
judge  for  such  district  shall  be  appointed  and  sworn. 
Courts  to  have       SECT.  31.  The  supreme  court  of  errors,  the  superior 
a  seal.  courts,  the  county  courts  and  the  courts  of  probate  shall 

have  a  proper  seal  belonging  to  each  of  the  said  respec- 
tive courts,  to  be  used  for  all  causes,  matters  and  things 
proper  for  said  courts,  respectively,  and  according  to  law  ; 
each  of  which  courts  is  hereby  directed  and  empowered 
to  procure  its  proper  seal,  which  shall  be  lodged  with  the 
clerks  of  the  respective  courts,  to  be  used  by  their  di- 
rection. 

Justice  court*.       SECT.  32.  Be  it  further  enacted,  That  each  and  every 
justice  of  the  peace,  duly  appointed  and  sworn,  may,  and 
he  is  hereby  authorized,  from  time  to  time,  as  there  shall 
be  occasion,  to  hold  a  justice   court  in  the  county,  for 
which  he  shall  be  appointed  ;  and  shall  have  cognizance 
Civil  jurisdic-  of  all   actions  of  a  civil  nature,  legally  brought  before 
tion*  him,  and  may  hear,    try  and    determine  the   same,  and 

may  render  judgment,  and  grant  execution  thereon,  ac- 
cording to  law.     And  every  justice  of  the  peace,  is  here- 
by authorized  to  issue  and  sign  any  writs,   warrants  or 
Justices  may    other  processes,  according  to  law,  either  in  civil  or  crim- 
n  '    c*  inal  causes,  which  may  be  served  and  returned  before  any 

court  in  the  state. 

May  take  con-       SECT.  33.  Any  justice  of  the  peace,  within  the  county 
debt°n  °f         ^or  wh'ch  he  may  be  appointed,  may  take  and  accept  a 
confession  or  acknowledgment  of  any  debt,  from  a  debtor 
to  his  creditor,  for  any  sum  not  exceeding  seventy  dol- 
lars, together  with  the  cost  of  such  confession,   as  the 
parties  shall  agree  ;  which  confession  shall  be  made  only 
by  the  person  of  the  debtor  himself:  and  on  such  con- 
fession, so  made,  the  said  justice  shall  make  a  record 
His  executions  thereof,  and  grant  execution  thereon,  in  due  form  of  law. 
effectual.          And  all  executions,  granted  and  signed  by  a  justice  of  the 


Title  15.     Courts.  147 

peace,  according  to  law,  shall  be  proceeded  with,  levied 
and  executed,  in  the  same  manner,  and  have  the  same 
force,  to  all  intents  and  purposes,  as  executions  granted 
by  the  other  courts. 

SECT.  34.  And  any  justice  of  the  peace,  in  any  court,  His  criminal 
holden  by  him,  in  the  county  for  which  he  may  be  ap-  jurisdiction. 
pointed,  shall  have  cognizance  of  all  actions  of  a  crimi- 
nal nature,  that  may  be  legally  brought  before  him,  and 
may  proceed  to  trial,  render  judgment  therein,  and  grant 
a  warrant  for  the  execution  thereof,   according  to  law.  An  appeaj 
But  the  defendant,  in  all  such  actions  or  complaints,  (ex-  allowed. 
cept  in  actions  or  complaints  for  the  crimes  of  drunken- 
ness, profane  cursing  and  swearing  and  sabbath-breaking) 
may  appeal  from  the  judgment  of  the  justice  therein,  to 
the  county  court,  next  to  beholden  in  the  county,  where 
such  justice  court  may  have  been  holden. 

SECT.  35.  And  whenever  any  complaint,  for  any  crimi-  When  acorn- 
nal  matter,  shall  be  legally  brought  before  a  justice  of  the  plaint,not  cog- 
peace,  which  is  by  law  cognizable  by  a  higher  court,  such  ?|jj£J?  ^  a   . 
justice  is  hereby  authorized  to  hear  and  enquire  into  the  i^ought'be- 
facts  relating  thereto,  and  if  thereupon  he  shall  be  of  forehim,how 
opinion,  that  probable  ground  exists  for  the  support  of 
such  complaint,  he  may  order   the   defendant  to  give 
bond,  or  to    enter  into  a  recognizance,  with   sufficient 
surety,  (provided  the  offence  be  by  law  bailable)  condi- 
tioned that  the  defendant  appear  before  the  court  hav- 
ing cognizance  of  the  offence,  at  the  next  session  thereof, 
to  be  holden  in  the  county  where  the  offence  was  com- 
mitted, and  abide  the  order  or  judgment  of  said  court, 
touching  said  complaint,  which  complaint  the  said  justice 
shall  transmit  to  said  court,  with  his  doings  thereon  in- 
dorsed 5  and  on  the   failure  of  such  defendant  to  give 
such  bond,  or  to  enter  into  such  recognizance,  or  if  the 
offence  complained  of  be  not  bailable,  it  shall  be  the 
duty  of  said  justice  of  the  peace  to  order  such  defendant 
to  be  committed  to  the  common  gaol  insaid  county,  till  the 
next  session  of  the  court  having  cognizance  of  the  offence, 
or  till  he  shall  be  discharged  by  due  course  of  law. 

SECT.  36.  Any  justice  of  the  peace,  in  his  county,  shall 
have  power,  from  his  personal  knowledge,  ex  officio,  to  !,"!;!f 

•  •  ^»  ,  i  i  iii»          /»  peace 

require  sureties  of  the  peace  and  good  behavior,  from  any  bind  to  good 
person  or  persons,  that  threaten  to  beat  or  kill  another,  behavior. 
or  contend,  with  hot  and  angry  words,  or  by  threats,  tur- 
bulence and  violence,  or  by  any  other  unlawful  act,  terri- 
fy and  disturb  the  good  people  of  the  state.  And  when- 
ever an  individual  shall  complain,  on  oath,  to  a  justice  of 
the  peace,  against  another,  that  he  has  just  cause  to  fear 
that  he  will  imprison,  beat,  or  kill  him,  or  procure  others 
to  do  so,  and  that  he  is  under  fear  of  death,  or  bodily 


"eof 


I 

148 


Title  21.     Courts. 


Judge,  lac. 


ortaverner. 
What  relation- 
ship  shall  dis- 
qualify. 


continuance 
of  cause. 


County  court, 
how  formed, 


qualified. 


Removal  of 
appealable 

^rTor  court 


Courts  may 


tice,  iicer- 
tain  cases. 


harm,  such  justice  of  the  peace  may  require  sureties  of 
the  peace  and  good  behavior,  from  the  person  so  com- 
plained of;  and  if  any  person,  being  so  ordered  to  find 
surety  for  the  peace  and  good  behavior,  shall  neglect  or 
refuse  to  comply  with  such  order,  the  justice  of  the  peace 
ordering  the  same,  may  commit  such  person  to  the  com- 
mon gaol,  in  the  county  where  the  person  complained  of 
resides,  there  to  remain  until  he  shall  be  discharged  by 
due  course  of  law,  or  until  the  next  session  of  the  county 
court,  in  said  county  ;  which  court  may  make  further  or- 
der, relating  to  the  subject  matter  of  the  complaint. 

SECT.  37.  No  judge,  or  justice  of  the  peace,  shall  hold 
the  °ffice  of  sheriff>  deputy-sheriff,  or  constable,  or  be  a 
taverner. 

SECT.  38.  Whenever  there  shall  be  so  near  a  relation- 
ship between  any  judge,  or  justice  of  the  peace,  and  any 
party  in  a  civil  action,  as  between  father  and  son,  by  na- 
ture or  marriage,  brother  and  brother,  in  like  manner, 
uncle  and  nephew,  in  like  manner,  landlord  and  tenant  ; 
or  whenever  any  judge  or  justice  may  be  liable,  in  any  man- 
ner, to  contribute,  out  of  his  estate,  to  the  damages,  cost 
or  expences  of  any  action  ;  or  whenever  he  may  receive 
a  direct  pecuniary  benefit,  by  the  determination  thereof; 
in  all  such  actions,  the  said  judge  or  justice,  shall  be  dis- 
qualified to  act  as  judge,  or  render  judgment.  When  a 
judge  of  the  superior  court  shall  be  disqualified  to  sit  in 
a  cause  depending  before  him,  such  cause  shall  be  contin- 
ued to  the  next  term  of  the  court. 

SECT.  39.  When  all  the  judges  of  the  county  court  shall 
be  disqualified  to  sit  in  a  cause  pending  before  them, 
which  is  not  appealable,  the  clerk  of  the  court  shall  draw, 
by  lot,  from  the  names  of  all  the  justices  of  the  peace,  in 
the  town  where  the  court  is  sitting,  the  names  of  three 
justices  of  the  peace,  or  if  such  town  is  interested,  from 
any  adjoining  town,  not  interested  ;  and  shall  cause  no- 
tice to  be  given  to  the  three  justices  of  the  peace,  drawn 
as  aforesaid,  who  shall  have  power  to  try  such  cause,  ac- 
cording  to  law  :  and  if  such  cause  shall  be  appealable, 
then  the  plaintiff  shall  have  power  to  remove  it  to  the 
nex*  superior  court,  in  the  county,  on  giving  bond,  with 
surety,  to  prosecute  his  action  to  effect  :  and  he  may  enter 
his  action  in  the  superior  court,  in  the  same  manner  as  if 
appealed  :  and  such  superior  court  shall  have  power  to 
proceed  to  final  judgment,  in  the  same  manner  as  if  the 
cause  had  been  brought  there  by  appeal. 

SECT.  40.  The  courts  of  law,  may  make  such  orders 
as  they  sha11  deem  reasonable>  relative  to  the  notice 
wn'cn  snaN  be  given  of  petitions  for  new  trials,  writs  of 
error,  and  appeals  from  courts  of  probate,  whereof  they 


Title  21.     Courts. 


149 


respectively  have  cognizance,  whenever  the  adverse  par- 
ty or  parties  to  such  petition  for  a  new  trial,  writ  of  error, 
or  any  person  or  persons  are  so  interested  in  such  appeal, 
as  that  they  ought  to  be  made  parties  thereto,  reside 
without  this  state ;  and  such  notice  having  heen  given, 
pursuant  to  the  orders  of  such  courts  respectively,  in  the 
mode  therein  prescribed,  and  duly  proved  to  such  courts, 
shall  be  deemed  sufficient  service. 

SECT.  41.  The  judges  of  the  supreme  court  of  errors,  Judges,  &c. 
of  the  superior  and  county  courts,  judges  of  probate,  and  ^waPPoult- 
justices  of  the  peace,  shall  be  appointed,  by  the  concurrent 
vote  of  the  senate  and  house  of  representatives  ;  and  the 
judges  of  the  supreme  court  of  errors,  and  of  the  superior 
court,  shall,  in  all  cases,  be  chosen  by  ballot,  in  each  house 
of  the  general  assembly.     And  all  judges  and  justices  of  Continuance 
the  peace,  annually  appointed,  commissioned  and  sworn,  of  office. 
shall  be  authorized  and  empowered  to  execute  their  offi- 
ces until  the  twentieth  day  of  June,  in  the  year  next  en- 
suing their  appointment,  unless  their  commission  be  soon- 
er revoked,  or  suspended,  by  act  of  the  general  assem- 
bly.(l) 


(1)  The  first  legislators  of  this  country 
had  no  idea  of  keeping  separate  the  legis- 
lative, executive,  and  judicial  branches  of 
the  government.  All  power  was,  at  first, 
centered  in  one  body  ;  and  though,  at  times, 
judicial  power  was  delegated  to  a  particu- 
lar court,  yet  the  ultimate  right  of  decis- 
ion remained  in  the  legislature.  After  they 
had  received  the  charter,  as  appears  in 
the  revision  of  1672,  they  established  a 
court  of  assistants,  to  be  holden  in  May 
and  October,  at  Hartford,  by  the  governor, 
or-deputy  governor,  and  six  assistants  at 
least.  Two  county  courts  were  to  be  hol- 
den in  each  county,  by  any  three  or  more 
of  the  assistants.  Every  assistant  had  ju- 
risdiction of  all  causes  to  the  amount  of 
forty  shillings,  in  the  county  in  which  he 
lived,  and  in  towns  where  there  was  no  as- 
sistant, commissioners,  with  two  select- 
men, had  a  like  power.  Appeals  would 
lie,  in  all  cases,  from  an  assistant  to  the 
county  court;  from  the  county  court  to 
the  court  of  assistants  ;  and  from  that  court 
to  the  general  court.  The  admission  of 
appeals  to  the  general  court  did  not  long 
continue;  for  in  the  revision  of  1702,  no 
such  right  is  allowed ;  but  the  party  ag- 
grieved by  the  judgment  of  a  county  court, 
had  a  right  to  appeal  to  the  next  court  of 
assistants,  and  to  review  his  cause  in  the 
same  county  court  where  it  was  tried;  and 
the  party  aggrieved,  on  the  trial  hy  review, 
had  a  right  of  appeal.  Every  cause  could 
be  reviewed  in  the  court  of  assistants,  ex- 


cept where  it  was  appealed  from  the  coun- 
ty court,  on  a  judgment  by  review.  The 
inconvenience  of  a  court,  organized  like 
the  court  of  assistants,  induced  the  legisla- 
ture, in  1711,  to  constitute  a.  superior  court, 
consisting  of  five  judges, 'three  of  whom 
should  be  a  quorum,  to  hold  sessions  twice 
in  each  year,  in  every  county ;  and  thii< 
court  consisted  of  the  deputy-governor, 
and  four  assistants,  annually  appointed  bj 
the  legislature. 

In  1714,  an  act  was  passed,  declaring, 
that  actions,  wherein  the  title  of  land  wa.= 
not  concerned,  brought,  by  appeal,  from  the 
judgment  of  an  assistant,  or  justice  of  the 
peace,  to  the  county  court,  should  not  be 
reviewed  or  appealed  from,  but  the  first 
trial  should  be  conclusive  ;  and  that  in  ac- 
tions brought  immediately  to  the  county 
court,  wherein  the  title  of  land  was  not 
concerned,  and  the  demand  did  not  exceed 
forty  shillings,  the  judgment  of  the  county 
court  could  not  be  appealed  from,  bu< 
might  be  reviewed.  The  legislature,  how- 
ever, considering  the  great  expence  and 
delay,  arising  from  the  allowance  of  ap- 
peals and  reviews,  in  all  cases,  passed  an 
act,  in  1725,  prohibiting  appeals,  or  re- 
views, where  the  matter  in  demand  did 
not  exceed  twenty  shillings  ;  and  also,  in 
all  cases,  in  the  county  court,  where  the 
action  was  brought  on  a  bill,  or  bond,  for 
the  payment  of  a  certain  sum  of  money 
only. 

In  the  revision  of  1750,  it  appears  that 


150 


Title  21.     Courts. 


no  appeal  was  admitted  from  the  judgment 
of  an  assistant,  or  justice  of  the  peace,  un- 
less the  demand  exceeded  twenty  shillings, 
or  where  the  action  was  on  a  bond  or  note, 
and  the  demand  did  not  exceed  forty  shil- 
lings ;  and  that  no  appeal  from,  or  review 
in,  the  county  court,  should  be  allowed, 
where  the  suit  was  brought  on  bonds,  bills, 
or  notes,  for  money  or  bills  of  credit  only, 
vouched  by  two  witnesses  ;  and  that  no  ap- 
peal should  be  allowed  from  the  county 
court,  where  the  title  of  land  was  not  con- 
cerned, and  the  demand  did  not  exceed  ten 
pounds  ;  and,  in  1761,  the  right  of  review, 
in  all  civil  actions,  was  taken  away,  and 
the  power  of  granting  new  trials,  was  giv- 
en in  lieu  thereof.  In  the  revision  of  1784, 
the  right  of  appeal  from  the  county  court, 
was  taken  away,  unless  the  matter  in  de- 
mand exceeded  twenty  pounds  ;  which  has 
been  since  altered  to  seventy  dollars. 

Though  the  legislature  constituted  a  ju- 
dicial department,  yet  they  retained  im- 
portant judicial  power  in  their  hands. 
Writs  of  error,  in  all  questions  of  law, 
would  lie  from  the  superior  court  to  the 
general  assembly ;  and  they  retained  the 
exclusive  jurisdiction,  in  all  matters  of 
equity.  Many  petitions  of  a  private,  and 
adversary  nature,  were  brought  before 
them  ;  the  two  houses  assembled  together 
for  the  purpose  of  a  joint  hearing  of  the 
causes  ;  and  the  principal  part  of  the  ses- 
sion was  consumed  in  the  proper  business 
of  the  judiciary.  But  so  great  was  the  in- 
crease of  applications,  that  in  1773,  the 
legislature  delegated  to  the  courts  of  law, 
instead  of  creating  a  new  tribunal,  a  con- 
siderable portion  of  their  equity  jurisdic- 
tion ;  and,  in  process  of  time,  divested 
themselves  of  all  chancery  power. 

So  manifest  was  the  impropriety  of  per- 
mitting the  most  numerous  branch  of  the 
legislature  to  compose  a  part  of  the  court 
of  dernier  resort,  in  questions  of  law,  that, 
in  1784,  the  lieutenant-governor,  and  the 
council,  were  constituted  to  be  the  supreme 
court  for  the  correction  of  errors;  to 
which  tribunal  the  governor  was  added,  in 
1793.  Such  was  the  accumulation  of  bu- 
siness in  the  superior  court,  that,  in  1801, 
it  became  necessary  to  increase  the  num- 
ber of  judges  to  six  ;  to  divide  the  state 
into  two  circuits ;  in  the  winter,  to  lie  hold- 
en  by  three  judges,  while  the  whole  num- 
ber composed  the  summer  circuit,  with  a 
special  view  to  decide  questions  of  law. 

In  1806,  another  important  alteration 
took  place.  It  was  thought,  that  the  mem- 


bers of  the  legislative  council,  not  elected 
with  a  view  to  their  qualifications  as  judg- 
es, and  many  of  whom  were  judges  of  the 
county  courts,  were  not  a  proper  tribunal 
to  revise  the  decisions  of  the  superior 
court,  and  be  the  ultimate  arbiters  of  ques- 
tions of  law ;  and  it  was  found,  so  great 
was  the  accumulation  of  business,  that 
the  new  organization  of  the  superior  court 
did  not  enable  it  to  try  all  the  causes  that 
came  before  it,  within  such  reasonable 
time  as  the  public  interest  required.  Ac- 
cordingly, the  number  of  judges  was  in- 
creased to  nine  ;  the  state  was  divided  in- 
to three  circuits,  in  which  the  courts  were 
to  be  holden  by  three  judges  ;  and  the 
whole  number  constituted  a  supreme  court 
of  errors,  to  be  holden  at  Hartford  and 
New-Haven. 

Though  the  legislature,  from  time  to 
time,  had  stripped  themselves  of  their  judi- 
cial power,  by  delegating  it  to  other  tribu- 
nals ;  yet  they  did  not  wholly  refrain  from 
interposing  in  causes  of  an  adversary  na- 
ture. An  opinion  seems  to  have  been  en- 
tertained, that,  as  they  were  not  limited  in 
their  power,  like  a  judicial  tribunal,  they 
could,  acting,  on  more  elevated  and  ex- 
tended principles,  do  more  complete  jus- 
tice, than  could  be  obtained  in  a  court  of 
law,  or  even  in  a  court  of  equity.  Of 
course,  applications  of  a  private  nature, 
between  party  and  party,  were  sometimes 
sustained,  and  decrees  passed  in  favor  of 
the  applicants,  not  only  where  no  court 
had  a  right  to  interpore,  but  against  the  es- 
tablished rules  of  law.  Experience  de- 
monstrated, that  nothing  could  be  more 
improper  or  dangerous,  than  the  exercise 
of  such  an  arbitrary  discretion,  by  the  le- 
gislature. Accordingly,  the  constitution 
has  now,  in  conformity  to  correct  prin- 
ciples, divided  the  powers  of  government 
into  three  distinct  departments,  and  con- 
fided each  of  them  to  a  separate  magistra- 
cy :  of  course,  the  legislature  cannot  inter- 
pose in  matters  of  a  private  nature,  be- 
tween parties,  without  infringing  that  in- 
strument. The  independence  of  the  judi- 
ciary, so  essential  to  a  pure  administration 
of  justice,  has  been  provided  for,  by  the 
constitution  ;  and  the  judges  are  not  now  de- 
pendent on  an  annual  appointment.  The 
number  has  been  reduced,  by  law,  from 
nine  to  five,  who  constitute  the  supreme 
court  of  errors ;  and  a  single  judge,  at  the 
circuits,  is  vested  with  all  the  power  for- 
merly given  to  the  five  judges. 


Title  22.     Crimes  and  Punishments,  151 

TITLE  22.      Crimes  and  Punishments. 
An  Act  concerning  Crimes  and  Punishments. 

SECT.  1.     RE  *'  enactedby.  the  Senate  and  House  °fReP-  Crimesagainst 

•  J  resentatives,  in  General  Assembly  convened,  the  SOVE- 
That  the  offences  hereinafter  mentioned,  shall  be  punish-  REIGNTY  OF 
ed  as  follows  :     Every  person  who  shall  commit  treason  T1 
against  this  state,  by  levying  war  against  the  same,  or  Treagon 
by  adhering  to  the  enemies  thereof,  giving  them  aid  and 
comfort,  and  be  thereof  duly  convicted,  shall  suffer  death. 

SECT.  2.  Every  person  who  shall  endeavor  to  join  the  Misprisionof 
enemies  of  this  state,  or  use  his  or  her  influence  to  per-  treason, 
suade  or  induce  any  person  or  persons  to  join,  aid,  or 
comfort  them,  in  any  way  or  manner  whatsoever,  or  shall 
have  knowledge  of  any  person  or  persons,  endeavoring, 
or  using  their  influence  aforesaid,  and  shall  conceal  the 
same,  being  thereof  duly  convicted,  shall  be  punished  by 
a  fine  not  exceeding  one  thousand  dollars,  and  by  impris- 
onment, in   new-gate  prison,  for  a  term  not  exceeding 
seven  years. 

SECT.  3.  And  be  it  further  enacted,  That  every  person  Crimesagainst 
who  shall  commit  murder,  and  be  thereof  duly  convicted,  the  LIVES  AND 
shall  suffer  death. 

SECT.  4.  Every  person  who  shall  commit  manslaughter,  Murder. 
and  be  thereof  duly  convicted,  shall  forfeit  and  pay  a  fine  Manslaughter. 
not  exceeding  five   hundred  dollars,  and  suffer  imprison- 
ment in  a  common  gaol,  or  in  new-gate  prison,  at  the  dis- 
cretion of  the  court  having  cognizance  of  the  offence,  for 
a  term  not  exceeding  three  years,  nor  less  than  six  months. 

SECT.  5.  Every  person  who  shall  commit  perjury,  with 
an  intention  thereby  to  take  away  the  life  of  any  person,  PerJUI7>  with 
and  be  thereof  duly  convicted,  shall  suffer  death.  LwaySife 

SECT.  6.  Every  person  who  shall  commit  arson,  and  shall 
thereby  cause  the  death,  or  endanger  the  life,  of  any  per-  Ca12g  £™£ 
son,  and  shall  be  thereofduly  convicted,  shall  suffer  death. 

SECT.  7.  Every  person   who  shall  wilfully  burn  any 
building,  other  than  a  dwelling-house,  or  an  out-house  bidWing^^ 
parcel  thereof,  or  any  vessel,  and  shall  thereby  cause  the  thereby  caus- 
death  of  any  person,  being  thereof  duly  convicted,  shall  inSdeath- 
suffer  death. 

SECT.  8.  Every  person  who  shall,  of  malice  afore- 
thought, and  by  lying  in  wait,  cut  out  or  disable  the  tongue  tonguef  &c* 
of  another,  or  put  out  the  eye  or  eyes  of  another,  so  that 
the  person  is  thereby  made  blind,  or  cut  off  ail  or  any  of 
the  privy  members  of  another,  and  shall  be  thereof  duly 
convicted,  shall  suffer  death. 


152 


Title  22.     Crimes  and  Punishments. 


Putting  out  SECT.  9.  Every  person  who  shall,  of  malice  afore- 
thought, put  out  an  eye,  slit  the  nose,  cut  or  bite  off  the 
4  nose,  ear  or  lip,  or  cut,  or  bite  off,  or  disable  any  limb 
^or  member  of  another  person,  with  an  intention  in  so 
aoing  to  maim  or  disfigure  such  person,  and  shall  be  there- 
of duly  convicted,  shall  suffer  imprisonment,  in  new- 
gate  prison,  during  his  natural  life,  or  for  such  other  term 
as  the  court  having  cognizance  of  the  offence  shall  de- 
termine. 

SECT.  10.  Every  person  who  shall  commit  the  crime 
of  rape,  and  be  thereof  duly  convicted,  shall  suffer 
death. 

SECT.  11.  Every  person  who  shall  carnally  know  and 
abuse  any  female  child,  under  the  age  of  ten  years,  and 
shall  be  thereof  duly  convicted,  shall  suffer  imprisonment, 
in  new-gate  prison,  during  his  natural  life,  or  for  such 
other  term  as  the  court  having  cognizance  of  the  offence 
shall  determine. 

SECT.  12.  Every  person  who  shall,  with  actual  vio- 
lence, an  assault  make  on  the  body  of  any  female,  with  an 
intention  to  commit  a  rape,  arid  shall  be  thereof  duly 
convicted,  shall  suffer  imprisonment,  iu  new-gate  prison, 
during  his  natural  life,  or  for  such  other  term  as  the  courl 
having  cognizance  of  the  offence  shall  determine. 

SECT.  13.  Every  person  who  shall,  with  actual  vio- 
lence, an  assault  make  on  another  person,  with  an  inten- 
tion him  or  her  to  kill  or  rob,  and  shall  be  thereof  duly 
convicted,  shall  suffer  imprisonment,  in  new-gate  prison, 
during  his  natural  life,  or  for  such  other  term  as  the  court 
having  cognizance  of  the  offence  shall  determine. 

SECT.   14.  Every  person  who  shall,  wilfully  and  mali- 


Abuse  of  fe- 
male child. 


Intent  to  com- 
mit a  rape. 


Intent  to  kill 
of  rob. 


Administering 


tent  to  murder"  ci°us'v?  administer  to,  or  cause  to  be  administered  to,  or 


tent  to  murder, 
or  cause ; 
carriage. 


Secret  deliv- 
ery of  a  bas- 
tard child. 


taken  by,  any  person  or  persons,  any  deadly  poison,  or 
other  noxious  and  destructive  substance,  with  an  inten- 
tion him,  her  or  them,  thereby  to  murder  or  thereby  to 
cause  or  procure  the  miscarriage  of  auy  woman,  then 
being  quick  with  child,  and  shall  be  thereof  duly  con- 
victed, shall  suffer  imprisonment,  in  new-s;ate  prison, 
during  his  natural  life,  or  for  such  other  term  as  the  court 
having  cognizance  of  the  offence  shall  deic.-;nine. 

SE('T.  15.  If  any  woman  shall  conceal  her  pregnancy. 
and  shall  willingly  be  delivered  in  secret,  by  herself,  of 
any  issue  of  her  body,  male  or  female,  which  shall  by 
law  be  a  bastard  ;  every  such  woman,  so  offending,  being 
thereof  duly  convicted,  before  the  superior  or  county 
court,  shall  pay  a  fine  not  exceeding  the  sum  of  one  hun- 
dred and  fifty  dollars,  or  be  imprisoned  uot  exceeding 
three  months,  at  the  discretion  of  the  court  having  cog- 
nizance of  the  offence. 


Title  22.     Crimes  and  Punishments.  153 

SECT.  16.  If  any  woman  shall  endeavour  privately,  Concealment 
either  by  herself,  or  the  procurement  of  others,  to  con- 
ceal  the  death  of  any  such  issue  of  her  body,  which,  if  it 
were  born  alive,  would  by  law  be  a  bastard,  so  that  it 
may  not  come  to  light  whether  it  were  born  alive  or 
not,  or  whether  it  were  murdered  or  not ;  every  such 
woman,  so  offending,  being  thereof  duly  convicted,  before 
the  superior  or  county  court,  shall  be  set  on  a  gallows,  with 
a  rope  about  her  neck,  for  the  space  of  one  hour ;  and 
be  further  punished,  by  being  bound  to  her  good  behav- 
ior, and  imprisoned  for  a  term  not  exceeding  one  year, 
at  the  discretion  of  the  court  having  cognizance  of  the 
offence.(l) 

SECT.  17.  Every  person  who  shall  kidnap,  or  forcibly  „. , 
or  fraudulently  carry  off,  or  decoy  out  of  this  state,  any  free 
person,  or  person  entitled  to  freedom,  or,  shall  arrest  and 
imprison  any  free  person,  or  person  entitled  to  freedom, 
knowing  such  person  to  be  free  or  entitled  to  freedom, 
with  an  intention  to  have  such  person  carried  out  of  this 
state,  and  shall  be  thereof  duly  convicted,  before  the 
superior  or  county  court,  shall  forfeit  and  pay  the  sum  of 
four  hundred  dollars,  one  half  to  him  or  them  'who  shall 
sue  for  and  prosecute  the  same  to  effect,  and  the  other 
half  to  the  use  of  this  state.  Provided,  that  nothing  in  provjso  \ 

this  section,  shall  operate  to  prevent  persons  coming 
into  this  state,  for  the  purpose  of  temporary  residence, 
or  passing  through  the  same,  from  carrying  with  them 
their  servants,  nor  to  prevent  persons  moving  out  of  the 
state  for  the  purpose  of  residence,  from  carrying  and 
transporting  with  them  such  servants  as  belong  to  them, 
or  to  prevent  persons  living  within  this  state,  from  direct- 
ing their  servants  out  of  the  state  about  their  ordinary 
and  necessary  business. 

SECT.   18.  dud  be  it  further  enacted,  That   every  per-  „  . 

,        i     ii      -ir  ii  i         r    •        i       u  j     i  Crimes  a- 

son  who  shall  wilfully,  and  maliciously,  burn  or  destroy,  gainst  PCBT.IC 

or  attempt,  or  conspire,  to  burn  or  destroy  any  mag-  PROPERTY. 
azine  of  provisions,  or  of  military,  or  of  naval  stores,  Destroying 
belonging  to  this    state,  or  subject  to   the  jurisdiction  magazine," &<-. 
thereof,  and  shall  be  thereof  duly  convicted,  shall  suf- 
fer imprisonment,  in  new-gate  prison,  during  his  natu- 
ral life,  or  for  such  other  term  as  the  court  having  cogni- 
zance of  the  offence  shall  determine. 

(1)  In  the  revision  in   1702,  there  is  a  evidence,  that  the  bastard  child  was  born 

statute  copied  from  a  statute  in  England,  alive  to  convict  the  mother;  yet  as  there  wa.« 

21  Jac.     1   ch.    27.  declaring,   That  the  a  possibility,  that,  in  some  cases,  an  innocent 

concealing  the  death  of  a  bastard  child,  woman  might  be  convicted,  under  such  v 

should  be  evidence  of  murder,  by  the  moth-  law,  the  present  provision  was  introduced 

er,  unless  she  could  prove  it  to  be  born  dead,  in  1808. 
Though  courts  bad  always  required  some 
20 


154  Title  22.     Crimes  and  Punishments, 

Burning  state-  SECT.  19.  Every  person  who  shall  wilfully  and  ma- 
bouse,  £c.  liciously  burn,  or  attempt,  or  conspire  to  burn,  any  state- 
house,  court-house,  county-house,  town-house,  arsenal, 
magazine,  prison,  gaol,  work-house, poor-house,  marketer 
other  building  belonging  to  this  state,  or  to  any  county, 
town,  city  or  borough  in  this  state  ;  or  any  church,  chapel, 
meeting-house,  or  other  building  used  for  religious  wor- 
ship ;  or  any  college,  academy,  school-house,  or  other 
building  used  for  literary  instruction  ;  and  shall  be  there- 
of duly  convicted,  shall  suffer  imprisonment,  in  new-gate 

prison,  for  a  term  not  exceeding  seven  years. 

Forgingpublic  SECT.  20.  If  any  person  shall  falsely  make,  forge,  or 
securities,  &c.  counterfeit,  or  cause  to  be  falsely  made,  forged  or  coun- 
terfeited, any  warrant,  order,  certificate,  or  other  public 
security,  whereby  money  may  be  drawn  from  the  treasu- 
ry of  this  state,  or  from  the  treasury  of  any  county,  town, 
city,  borough,  or  ecclesiastical,  or  school  society,  in  this 
state;  or  shall  alter  any  such  warrant,  order,  certificate, 
or  public  security,  so  that  the  same  shall  appear  to  be 
of  greater  value  ;  or  shall  alter,  pass,  or  give  in  payment, 
or  offer  to  pass,  or  give  in  payment,  any  such  forged, 
counterfeited,  or  altered  warrant,  order,  certificate,  or 
public  security,  knowing  it  to  be  such  ;  with  an  inten- 
tion to  defraud  this  state,  or  any  body  politic  or  corpo- 
rate, or  any  person  or  persons ;  every  such  person,  so 
offending,  being  thereof  duly  convicted,  shall  suffer  im- 
prisonment, in  new-gate  prison,  for  a  term  not  exceeding 
three  years. 

Crimesagainst       SECT.  21.  And  be  it  further  enacted,  That  every  per- 
FRIVAT.EPRO-  son,  who  shall  commit  robbery,  and  shall  be  thereof  duly 
convicted,  shall  suffer  imprisonment,  in  new-gate  prison, 
Robbery.          for  a  term  not  exceeding  seven  years. 
Burglary.  SECT.  22.  Every  person  who  shall  commit  burglary, 

and  shall  be  thereof  duly  convicted,  shall  suffer  imprison- 
ment in  new-gate  prison,  for  a  term  not  exceeding  three 
years. 

Robbery  or  SECT.   23.  Every  person  who  shall  commit  robbery  or 

burglary,  with  burglary,  and  shall,  in  the  perpetration  thereof,  be  guilty  of 
abuse"*1  an^  Persona'  aDuse?  force  or  violence,  or  shall  be  so  armed 

with  any  dangerous  armour  or  weapon,  as  clearly  to  in- 
dicate violent  intentions,  and  shall  be  thereof  duly  con- 
victed, shall  suffer  imprisonment,  in  new-gate  prison,  du- 
ring his  natural  life,  or  for  such  other  term,  not  less  than 
seven  years,  as  the  court  having  cognizance  of  the  offence 
shall  determine. 

SECT.  24.  Every  person  who  shall,  in  the  night  season, 
intent °to  c-om-  break  and  enter  the  store,  shop,  ware-house,  or  out-house 
of  another,  whether  parcel  of  any  mansion  house  or  not, 
wherein  goods,  wares  or  merchandize  are  deposited,  with 


Titled.     Crimes  and  Punishments.  155 

an  intention  to  commit  theft  within  the  same,  and  shall 
be  thereof  duly  convicted,shall  suffer  imprisonment,  in 
new-gate  prison,  for  a  term  not  exceeding  three  years. 

SECT.  25.  Every  person  who  shall  break  and  enter  the  Breaking 
dwelling-house  of  another,  in  the  day  time,  any  person  dwelling-houie 
being  therein,  and  thereby  put  in  fear  or  dread,  with  an  mdayfime- 
intention  to  commit  theft  therein,  and  shall  be  thereof 
duly  convicted,  shall  suffer  imprisonment,  in  new-gate  / 

prison,  for  a  term  not  exceeding  three  years. 

SECT.  2G.  Every  person  who  shall  commit  arson,  and  Arson. 
be  thereof  duly  convicted,  shall  suffer  imprisonment,  in 
new-gate  prison,  for  a  term  not  exceeding  seven  years. 

SECT.  27.  Every  person  who  shall  wilfully  burn,  being  Burning  ves- 
the  property  of  another,  any  ship  or  other  vessel ;  any  «el,  office,  Sit. 
office,  store,  shop,  warehouse,  mill,  distillery,  brewery  or 
manufactory  ;  or  any  barn,  stable  or  other  out-house,  not 
parcel  of  any  dwelling-house ;  and  shall  be  thereof  duly 
convicted,  shall  suffer  imprisonment,  in  new-gate  prison, 
for  a  term  not  exceeding  seven  years. 

SECT.  28.  Every  person,  being  the  owner  or  tenant  of  Burning  one'i 
any  house,  out-house,  office,  store,  shop,  warehouse,  mill,  no.use,  &c. 


distillery,  brewery  or  manufactory,  who  shall  wilfully 
burn  the  same,  with  an  intention  thereby  to  defraud  or  er§. 
prejudice  any  person,  or  body  politic  or  corporate,  that 
hath  underwritten,  or  shall  underwrite  any  policy  or 
policies  of  insurance  thereon,  or  on  any  goods,  wares  or 
merchandize  therein,  and  shall  be  thereof  duly  convict- 
ed, shall  suffer  imprisonment,  in  new-gate  prison,  for  a 
term  not  exceeding  seven  years. 

SECT.  29.  Every  person  being  the  owner  of,  or  captain,  Destroying 
master,  officer  or  mariner,  belonging  to  any  ship  or  ves-  vessel,  with 
sel,  who  shall  wilfully  cast  away,  burn  or  otherwise  de-  intent  to  de- 
stroy the  ship  or  vessel  of  which  he  is  owner,  or  to  which  insurers, 
he  belongeth,  with  an  intention  thereby  to  defraud  or 
prejudice  any  person,  or  body  politic  or  corporate,  that 
hath  underwritten,   or  shall  underwrite  any  policy  or 
policies  of  insurance  thereon,  or  on  the  cargo  thereof,  or 
any  merchant  that  hath  laden,  or  shall  load  goods  thereon, 
or  any  owner  or  owners  of  such  ship  or  vessel,  and  shall 
be  thereof  duly  convicted,  shall  suffer  imprisonment  in 
new-gate  prison  for  a  term  not  exceeding  seven  years. 

SECT.  30.  If  any  person  shall  falsely  make,  alter,  forge 
or  counterfeit,  or  cause  to  be  falsely  made,  altered,  forg- 
ed or  counterfeited,  any  deed  or  writing  sealed,  instru- 
ment of  conveyance,  will,  testament,  codicil,  bond,  writ- 
ing obligatory,  promissory  note,  bill  of  exchange,  bill  of 
lading,  acceptance  of  any  bill  of  exchange,  indorsement 
or  assignment  of  any  bill  or  note,  letter  of  credit,  warrant 
or  order  for  payment  of  money  or  delivery  of  goods,  re- 


v 

\ 
\ 


13(5  Title  22.     Crimea  and  Punishments. 

ceipt,  release,  acquittance,  letter  of  attorney,  or  any  other 
writing  of  any  person  or  persons,  or  body  politic  or  cor- 
porate, with  an  intention  to  defraud  or  prejudice  any 
person  or  persons,  or  body  politic  or  corporate  ;  or  shall, 
with  like  intention,  alter  or  publish  as  true  any  false, 
forged  or  counterfeited  deed,  or  writing  sealed,  instru- 
ment of  conveyance,  will,  testament,  codicil,  bond, 
writing  obligatory,  promissory  note,  bill  of  exchange,  bill 
of  lading,  acceptance  of  any  bill  of  exchange,  indorse- 
ment or  assignment  of  any  bill  or  note,  letter  of  credit, 
warrant  or  order  for  the  payment  of  money  or  delivery 
of  goods,  receipt,  release,  acquittance,  letter  of  attorney 
or  other  writing,  of  any  person  or  persons,  or  body  politic 
or  corporate,  knowing  the  same  to  be  false,  altered,  forg- 
ed or  counterfeited  ;  every  person,  so  offending,  being 
thereof  duly  convicted,  shall  suffer  imprisonment,  in 
new-gate  prison,  for  a  term  not  exceeding  three  years  ; 
and  shall  render  and  pay  to  the  party  or  parties  injured 
thereby,  double  damages,  to  be  recovered  by  action, 
founded  on  this  statute  ;  and  shall  be  rendered  incapable 
and  disabled  to  give  any  evidence  or  verdict  in  any  court 
or  judicial  proceeding. 

Counterfeiting       SECT.  31.  If  any  person  shall  counterfeit,  or  cause  or 
coin.  procure  to  be  counterfeited,  any  of  the  species  of  gold  or 

silver  coins  now  current,  or  hereafter  to  be  current  in  this 
state  ;  or  shall  pass  or  give  in  payment,  or  offer  to  pass  or 
give  in  payment  the  same;  or  to  permit,  cause  or  pro- 
cure the  same  to  be  altered  or  passed,  with  an  intention 
to  defraud  any  person  or  body  politic  or  corporate,  know- 
ing the  same  to  be  counterfeited  ;  every  such  person,  so 
offending,  being  thereof  duly  convicted,  shall  be  impris- 
oned, in  new-gate  prison,  for  a  term  not  exceeding  three 
years. 

Possessin  SECT.  32.  If  any  person  shall  have  in  his  possession, 

w^th^intent  to  or  receive  from  any  other  person,  any  counterfeited  gold 
pass  counter-  or  silver  coins,  of  the  species  now  current,  or  hereafter 
felted  coin.  to  be  current,  in  this  state,  with  an  intention  to  utter  or 
pass  the  same,  or  to  permit,  cause  or  procure  the  same  to 
be  uttered  or  passed,  with  an  intention  to  defraud  any 
person  or  body  politic  or  corporate,  knowing  the  same  to 
be  counterfeited  ;  every  such  person,  so  offending,  being 
thereof  duly  convicted,  shall  suffer  imprisonment,  in  new- 
gate  prison,  for  a  term  not  exceeding  three  years. 
Selling,  &c.  SECT.  33.  If  any  person  shall  sell,  or  exchange,  or  give 

jownterfeited  in  payment,  or  offer  to  sell,  or  exchange,  or  give  in  pay- 
"nt'to  have1  ment;  any  forged  or  counterfeited  bill  of  exchange,  promis- 
same  pas-  sory  note,  bank  bill  or  bank  check,  with  intention  to  have 
the  same  uttered  or  passed,  to  defraud  any  person  or  body- 
politic  or  corporate ;  every  such  person,  so  offending, 


Title  22.     Crimes  and  Punishments.  157 

being  thereof  duly  convicted,  shall  suffer  imprisonment, 
in  new-gate  prison,  for  a  term  not  exceeding  three 
years. 

SECT.  34.  If  any  person  shall  make  or  engrave,  or  Making  plate, 
cause  or  procure  to  be  made  or  engraved,  any  plate  for  for  counterfeit- 
forging  or  counterfeiting  any  promissory  note,  or  bill,  for  ing  bil'8- 
the   payment  of  money,  in  the  name  of  any  person  or 
persons,  or  body  politic,  or  corporate  ;  every  such  per- 
son, so  offending,  being  thereof  duly  convicted,  shall 
suffer  imprisonment,  in  new-gate  prison,  for  a  term  not 
exceeding  three  years. 

SECT.  35.  If  any  person  shall  have  in  his  possession,   Possessing, 
or  receive  from  any  other  person,  any  forged  or  counter-  with  intent  to 
feited  promissory  note  or  bill,  for  the  payment  of  money,  J?*?*»  f"nnter~ 
with  intention  to  utter  or  pass  the  same,  or  to  permit,  \ 

cause  or  procure  the  same  to  be  uttered  or  passed,  with  \ 

intention  to  defraud  any  person,  or  body  politic  or  corpo- 
rate, knowing  the  same  to  be  forged  or  counterfeited  ; 
every  such  person,  so  offending,  being  thereof  duly  con- 
victed, shall  suffer  imprisonment,  in  new-gate  prison,  for 
a  term  not  exceeding  three  years. 

SECT.  36.  If  any  person  shall  have,  or  keep  in  his  Possessing 
custody  or  possession,  any  blank,  or  unfinished  note  or  blank  bills, 
bill,  made   in  the  form  or  similitude   of  any  promissory  ™jth  inl*nt  to 
note  or  bill,  for  the  payment  of  money,  made  to  be  issued  theuj    ^  pas? 
by  any  incorporated  bank  or  company  in  this  state,  or  in  fraudulently, 
the  United  States,  with  an  intention  to  fill  up  and  com- 
plete such  blank  and  unfinished  note  or  bill,  or  to  permit, 
cause  or  procure  the  same  to  be  filled  up  and  completed, 
in  order  to  utter  and  pass  the  same,  or  to  permit,  cause 
or  procure  the  same  to  be  uttered  or  passed,  to  defraud 
any  person  or  body  politic  or  corporate  ;  such  person  in 
whose  custody  or  possession  any  such  blank  or  unfinished 
note  or  bill  shall  be  found,  being  thereof  duly  convicted, 
shall  suffer  imprisonment,  in  new-gate  prison,  for  a  term 
not  exceeding  three  years. 

SECT.  37.  If  any  person  shall  have,   or  keep  in  his  pogg< 
custody  or  possession,  any  plate  for  forging  or  counter-  plates  for^  for- 
feiting any  promissory  note,  or  bill,  for  the  payment  of  ging  bank 
money,  in  the  form  or  similitude  of  any  promissory  note,  bl11"' 
or  bill,  issued  by  any  incorporated  bank,  or  company  in 
this  state,  or  in  the  United  States,  with  intention  to  forge 
or  counterfeit,  or  to  permit,  cause,  or  procure  to  be  forg- 
ed or  counterfeited,  any  promissory  note,  or  bill,  issued 
by  any  incorporated  bank  or  company,  as  aforesaid;  such 
person,  in  whose  custody  or  possession  such  plate  shall  be 
found,  being  thereof  duly  convicted,  shall  suffer  imprison- 
ment, in  new-gate  prison,  for  a  term  not  exceeding  three 
years. 


158 


Title  22.     Crimes  and  Punishments. 


Horse-steal- 
ing, 


Stealing  from 
the  person  at  a 
fire. 


Stealing  from 
the  person. 


Breaking  and 
stealing  from 
a  building  in 
<he  day  time. 


theft. 


SECT.  38.  Every  person  who  shall  steal  any  horse  or 
horses,  in  this  state,  and  be  thereof  duly  convicted,  be- 
fore the  superior  or  county  court,  shall  suffer  imprison- 
ment, in  new-gate  prison,  for  a  term  not  exceeding  two 
years,  and  shall  also  pay  to  the  owner  of  such  horse  or 
horses,  treble  the  value  thereof,  to  be  recovered  by  infor- 
mation, or  action,  founded  on  this  statute. 

SECT.  39.  If  any  person  shall  steal  from  the  person  of 
another,  any  money,  goods,  or  chattels,  or  any  bill  or 
bills,  issued  by  any  incorporated  bank  in  this  state,  or  in 
the  United  States  ;  or  any  deed,  lease,  indenture,  bond, 
writing  obligatory,  bill  of  exchange,  promissory  note,  war- 
rant, or  order  for  the  payment  of  money,  or  delivery  of 
goods,  receipt  or  discharge,  or  any  book  account,  or  oth- 
er writing,  being  evidence  of  debt,  adjustment,  or  settle- 
ment, whatever,  at  an  assembly  of  people,  collected 
for  the  purpose  of  extinguishing  a  fire;  every  such  person, 
so  offending,  being  thereof  duly  convicted,  before  the  su- 
perior or  county  court,  shall  suffer  imprisonment,  in  new- 
gate  prison,  for  a  term  not  exceeding  five  years. 

SECT.  40.  If  any  person  shall  steal  from  the  person  of 
another,  any  money,  goods,  or  chattels,  or  any  bill  or 
bills,  issued  by  any  incorporated  bank  in  this  state,  or  in 
the  United  States  ;  or  any  deed,  lease,  indenture,  bond, 
writing  obligatory,  bill  of  exchange,  promissory  note, 
warrant,  or  order  for  the  payment  of  money,  or  delivery 
of  goods,  receipt  or  discharge,  or  any  book  account,  or 
other  writing,  being  evidence  of  debt,  adjustment  or  set- 
tlement, whatever,  to  the  amount  or  value  of  twenty  dol- 
lars ;  every  such  person,  so  offending,  being  thereof  duly 
convicted  before  the  superior  or  county  court,  shall  suf- 
fer imprisonment,  in  new-gate  prison,  fora  term  not  ex- 
ceeding two  years. 

SECT.  41.  If  any  person  shall,  unlawfully,  break  and 
enter  any  building  or  vessel,  in  the  day  time,  and 
therein  steal  any  money,  goods,  or  chattels,  or  any  bill  or 
bills,  issued  by  any  incorporated  bank  in  this  state,  or  in 
the  United  States,  or  any  deed,  lease,  indenture,  bond, 
writing  obligatory,  bill  of  exchange,  promissory  note, 
warrant,  or  order  for  the  payment  of  money,  or  delivery 
of  goods  ;  or  any  book  account,  or  other  writing,  being 
evidence  of  debt,  adjustment  or  settlement,  whatever,  of 
the  amount  or  value  of  one  dollar  ;  every  such  person,  so 
offending,  being  thereof  duly  convicted  before  the  supe- 
rior or  county  court,  shall  suffer  imprisonment,  in  new- 
gate  prison,  for  a  term  not  exceeding  two  years. 

SECT.  42.  If  any  person  shall  steal  any  money,  goods, 
or  chattels,  or  any  bill  or  bills,  issued  by  any  incorporated 
bank  in  this  state,  or  in  the  United  States ;  or  any  deed. 


Title  22.     Crimes  and  Punishments.  159 

lease,  indenture,  bond,  writing  obligatory,  bill  of  ex- 
change, promissory  note,  warrant,  or  order,  for  the  pay- 
ment of  money  or  delivery  of  goods,  receipt  or  discharge, 
or  any  book  account,  or  other  writing,  being  evidence  of 
debt,  adjustment,  or  settlement,  whatever  ;  every  such 
person,  so  offending,  being  thereof  duly  convicted,  before 
the  county  court,  if  the  value  of  the  property,  so  stolen, 
amount  to  thirty  dollars,  otherwise  before  a  justice  of  the 
of  the  peace,  shall  forfeit  and  pay  treble  the  value  of  the 
property  so  stolen,  to  the  owner  or  owners  thereof,  and  be 
further  punished  by  fine,  not  exceeding  seven  dollars  ; 
and  if  the  value  of  the  property  so  stolen,  amount  to  the 
sum  of  four  dollars,  such  offender  shall  be  further  pun- 
ished, by  whipping,  not  exceeding  ten  stripes  for  one  of- 
fence ;  and  if  the  property  so  stolen,  be  of  less  value 
than  said  sum  of  four  dollars,  but  of  the  value  of  one  dol- 
lar, and  such  offender  shall  refuse,  or  neglect  to  pay  the 
fine  imposed,  he  shall  be  punished  by  whipping  as  afore- 
said. 

SECT.  43.  If  any  person  shall  receive  and  conceal  any  Receiving  and     / 
stolen  goods,  articles  or  things,  knowing  them  to  be  such,  concealing 
he  may 'and  shall  be  proceeded  against  as  a  principal,  al- 
though the  person  or  persons  who  committed  the  theft  be 
not  thereof  convicted  ;  any  law,  usage,  or  custom,  to  the  ; 

contrary  notwithstanding.  \ 

SECT.  44.  And  be  it  further  enacted,  That  every  per-  Crimesagainet 
son  who  shall  commit  perjury,  and  shall  be  thereof  duly  PUB"C  JD8* 
convicted,  before  the  superior  or  county  court,  shall  for-  P^J^. 
feit  and  pay  the  sum  of  sixty-seven  dollars,  one  half  to 
the  person  or  persons  aggrieved  by  such  offence,  who  | 

shall  sue  for  and  prosecute  the  same  to  effect,  and  the 
other  half  to  the  use  of  this  state  ;  and  shall  suffer  im-  { 

prisonment,  in  new-gate  prison,  for  the  term  of  six  months  ; 
and  shall  be,  forever  after  such  conviction,  discredited, 
and  disabled  to  be  sworn  in  any  court  of  record. 

SECT.  45.   Every  person  who  shall  be  guilty  of  subor-  Subornation  or  I 
nation  of  perjury,  and  shall  be  thereof  duly  convicted,  be-  PerJUIT- 
fore  the  superior  or  county  court,  shall  be  subject  to  the 
same  forfeiture,   and  suffer  the  same  imprisonment  and 
disability,  and  be  proceeded  against  in  the  same  manner, 
as  for  the  crime  of  perjury. 

SECT.  46.  If  any  judge,  or  other  person  concerned  in  Bribery 
the  administration  of  justice,  shall  take  any  illegal  fee, 
gift,  or  undue  reward,  to  influence  his  behavior  in  his 
oftice  ;  or  if  any  person  shall  give  or  offer  any  money,  or 
other  thing  of  value,  to  any  judge,  or  other  person  con- 
cerned in  the  administration  of  justice,  with  an  intention 
to  influence  his  behavior  in  his  oflke  ;  every  such  judge, 
or  person,  so  offending,  shall  be  deemed  guilty  of  bribe* 


160 


Title   22.      Crimes  and  Punishments. 


Embezzling, 
altering,  &c. 


Counterfeiting 
public  seals. 


u 
j| 

? 


Effecting  es- 
cape of  prison- 
ers in  new- 
gate. 


Resistance  to 
officers. 


Jarratry. 


ry,  and  being  thereof  duly  convicted,  shall  forfeit  and  paj 
a  fine  not  exceeding  the  sum  of  one  thousand  dollars, 
and  shall  suffer  imprisonment,  in  a  common  gaol,  not  ex- 
ceeding two  years,  and  shall  be,  forever  after  such  con- 
viction, incapable  of  holding  any  office  of  trust  or  profit. 

SECT.  47.  Every  person  who  shall  wilfully  and  cor- 
ruptly embezzle,  take  away,  withdraw,  impair,  raze,  al- 
ter  or  destroy  any  record,  or  parcel  of  the  same,  will, 
testament,  codicil,  deed,  writ,  return,  process,  or  other 
proceeding  in  any  court  of  record,  or  in  the  office  of 
the  secretary  of  this  state,  or  in  the  office  of  the  clerk 
of  any  county,  town,  city,  borough,  or  other  incor- 
porated society  or  community  in  this  state,  with  an  in- 
tention thereby  to  defeat,  injure,  or  prejudice  the  estate, 
right,  or  title  of  any  person,  or  body  politic,  or  corporate, 
and  shall  be  thereof  duly  convicted,  shall  suffer  imprison- 
ment, in  new-gate  prison,  for  a  term  not  exceeding  seven 
years. 

SECT.  48.  Every  person  who  shall  counterfeit  the  seal 
of  this  state,  or  the  seal  of  any  court,  or  public  officer,  by 
law  entitled  to  have  and  use  a  seal,  and  shall  make  use  of 
the  same  ;  or  shall  unlawfully  and  corruptly,  or  with  evil 
intent,  affix  any  of  the  said  true  seals  to  any  commission, 
eed  or  warrant,  certificate,  or  other  writing;  or  who  shall 
ave  in  his  possession  or  custody,  any  such  counterfeited 
eal,  and  shall  wilfully  conceal  the  same,  knowing  it  to  be 
lalsely  made  and  counterfeited  ;  and  shall  be  thereof  duly 
convicted,  shall  suffer  imprisonment,  in  new-gate  prison, 
for  a  term  not  exceeding  seven  years. 

SECT.  49.  Every  person  who  shall  effect  the  escape  of 
an^  Prisoncr>  confined  in  new-gate  prison,  or  attempt  the 
same,  or  shall  give  any  help  or  assistance  therein,  and 
shall  be  thereof  duly  convicted,  shall  suffer  imprisonment, 
in  new-gate  prison,  for  a  term  not  exceeding  six  years. 

SECT.  50.  If  any  person  shall  abuse  any  justice  of  the 
peace,  or  resist,  or  abuse  any  sheriff,  constable,  or  other 
officer,  in  the  execution  of  his  office;  such  person  shall  find 
sureties  for  the  peace  and  good  behavior,  until  the  next 
county  court  in  that  county ;  or,  on  refusal,  may  be  commit- 
ted to  the  common  gaol,  there  to  remai  n  until  the  next  coun- 
ty court,  which  court  shall  take  cognizance  of  the  offence  ; 
and  such  offender,  being  thereof  duly  convicted,  shail  be 
punished,  by  a  fine,  not  exceeding  thirty-four  dollars,  or 
by  imprisonment,  in  a  common  gaol,  not  exceeding  two 
months,  or  by  such  fine  and  imprisonment  both,  at  the 
discretion  of  said  court. 

SECT.  51.  If  any  person  shall  be  a  common  barrator, 
and  be  thereof  duly  convicted,  before  the  county  court,  he 
shall  pay  a  fine  of  seventeen  dollars,  and  become  bound. 


Title  22.     Crimes  and  Punishments.  161 

with  one  surety,  for  his  good  behavior,  for  a  term  not  lesi 
than  one  year. 

SECT.  52.  And  be  it  further  enacted,  That  if  any  per-  Crimesagainst 
son  shall  challenge  the  person  of  another,  or  shall  accept  tne  *UBL1C 
any  such  challenge,  to  fight  at  sword,  pistol,  rapier,  or  ChaUen     to  a 
other  dangerous  weapons,  such  person,  so  challenging  or  4^  ense 
accepting,  being  thereof  duly  convicted,  shall  forfeit  and 
pay,  for  every  such  offence,  the  sum  o^three  thousand 
dollars,  and  shall,  also,  find  sufficient  sureties,  to  the  ac- 
ceptance of  the  court  having  cognizance  of  the  offence, 
for  his  good  behavior,  during  life  ;  and  such  person  shall, 
forever  after  such  conviction,  be  disabled  from  holding 
any  office  of  profit  or  honor,  under  this  state  ;  and  if  such 
convict  shall  be  unable,  or  neglect  to  pay  said  forfeiture, 
he  shall  be  imprisoned,  in  a  common  gaol,  for  the  term  of 
one  year. 

SECT.  53.  If  any  person  shall  willingly,  or  knowingly,  Delivering 
carry,  or  deliver  any  written  challenge,  or  verbally  deliv-  challenffe- 
er  any  message,  meant  as,  or  purporting  to  be,  a  challenge, 
or  shall  be  present  at  the  fighting  of  any  duel  as  aforesaid, 
as  a  second  or  aid,  or  give  countenance  thereto;  such  per- 
son, so  offending,  being  thereof  duly  convicted,  shall  be 
subject  to  the  same  forfeitures,  and  suffer  the  same  pun- 
ishment and  disability,  as  for  sending  or  accepting  a  chal- 
lenge as  aforesaid,  saving  only  finding  sureties  for  good 
behavior  during  life,  as  before  provided. 

SECT.  54.  If  any  three,  or  more  persons  shall  come,  or 
assemble  themselves  together,  with  intention  to  do  any 
unlawful  act,  with  force  or  violence,  against  the  peace, 
or  to  the  manifest  terror  of  the  people,  and  being  required 
or  commanded,  by  any  of  the  civil  authority,  or  by  any 
sheriff,  or  deputy-sheriff,  or  by  any  one  or  more  of  the 
select-men,  or  constables  of  any  town,  wherein  such  as- 
sembly shall  be,  by  proclamation  made  in  the  name  of  j 
the  state,  in  the  form  prescribed  by  law,  shall  not  dis- 
perse themselves,  and  peaceably  depart  to  their  habita- 
tions, or  to  their  lawful  business ;  ors  having  so  assembled 
as  aforesaid,  shall  do  any  unlawful  act  against  any  man's 
person,  possession,  or  property,  or  against  the  public  in- 
terest, in  any  particular,  in  manner  as  aforesaid; every  such                     I 
person,  so  offending,  being  thereof  duly  convicted,  be-           •          / 
fore  the  superior  or  county  court,  shall  be  punished  by  a 
fine  not  exceeding  the  sum  of  sixty-seven  dollars,  or  bjr 
imprisonment,  in   a    common  gaol,  not  exceeding   six                     » 
months,  or  by  such  fine  and  imprisonment  both,  at  the                     \ 
discretion  of  the  court  having  cognizance  of  the,  offence.  ) 

SECT.  55.  If  any  person  or  persons  shall,  with  force  Obstructing 
and  arms,  wilfully  and  knowingly,  oppose,  obstruct,  or  in 
any  manner  let.  hinder,  or  hurt  any  person  or  persons, 


162  Title  22.     Crimes  and  Punishments. 

who  bhall  go,  attempt,  or  begin  to  make  proclamation 
against  riot,  in  manner  and  form  prescribed  by  law;  every 
such  person,  so  offending,  being  thereof  duly  convicted, 
before  the  superior  or  county  court,  shall  be  punished  by 
a  fine  not  exceeding  the  sum  of  sixty-seven  dollars,  or  by 
imprisonment  in  a  common  gaol,  not  exceeding  six  months, 
or  by  such  fine  and  imprisonment  both,  at  the  discretion 
of  the  court  ha^ng  cognizance  of  the  offence. 

Continuing  to-       SECT.  56.  If  any  persons,  so  being  unlawfully  and  riot- 
ge'hor  after       ously  assembled,  to  the   number  of  three  or  more,  to 
proclamation.    wj,om  proclamation  should,  or  ought  to  have  been  made, 
if  the  same  had  not  been  hindered  as  aforesaid,  shall  con- 
tinue together,  and  not  immediately  disperse  themselves, 
after  such  let  or  hindrance  so  made,  having  knowledge 
thereof;  every  such  person,  so  offending,  being  thereof  duly 
convicted,  before  the  superior  or  county  court,  shall  be  pun- 
ished by  a  fine  not  exceeding  the  sum  of  sixty-seven  dol- 
lars, or  by  imprisonment,  in  a  common  gaol,  not  exceeding 
six' months,  or  by  such  fine  and  imprisonment  both,  at  the 
discretion  of  the  court  having  cognizance  of  the  offence. 
Destroying  SECT.  57.  If  any  person  or  persons,  in  the  night  season, 

turnpike  prop-  Or  in  a  riotous  and  tumultuous  manner,  or,  being  armed 
ortT.1D  ^  and  disguised  in  their  persons,  dress  or  appearance,  shall 
^riotously?  break,  destroy,  pull  down,  remove,  or  in  any  way  or  man- 
ner, injure  any  gate,  toll-house,  or  fence,  erected  across 
any  highway,  to  prevent  the  passing  by  any  gate,  belong- 
ing to  any  turnpike  company  in  this  state,  or  to  any  com- 
pany incorporated  for  supporting  any  toll-bridge  in  this 
state;  every  such  person,  so  offending,  being  thereof  duly 
convicted,  before  the  superior  or  county  court,  shall  pay 
a  fine  not  exceeding  one  hundred  dollars,  and  suffer  im- 
prisonment, in  a  common  gaol,  fora  term  not  exceeding 
six  months. 

Breaking  win-  SECT.  58.  If  any  person  or  persons  shall,  in  the  night 
dews,  &c.  m  season,  maliciously  and  wilfully  break  any  window,  or 
son11  Ca"  windows,  door  or  doors,  in  any  dwelling-house  in  this 
state,  in  which  any  family  or  families  dwell  or  reside;  ev- 
ery such  person,  being  thereof  duly  convicted,  shall  be 
punished  by  a  fine,  not  exceeding  one  hundred  dollars,  or 
by  imprisonment,  in  a  common  gaol,  not  exceeding  six 
months,  or  by  such  fine  and  imprisonment  both,  at  the 
discretion  of  the  court  having  cognizance  of  the  offence. 
SECT.  59.  If  any  person  or  persons  shall  disturb  or 
break  the  peace,  by  tumultuous  and  offensive  carriage, 
threatening,  traducing,  quarrelling,  challenging,  assault- 
ing, beating,  or  striking  any  other  person ;  every  such 
person,  so  offending,  being  thereof  duly  convicted,  before 
the  county  court,  or  a  justice  of  the  peace,  shall  pay  such 
fine,  not  exceeding  one  hundred  dollars,  as,  on  conside- 


Title  22.     Crimes  and  Punishments.  163, 

ration  of  the  party  offending,  the  party  aggrieved,  the 
instrument  used,  the  degree  of  danger,  the  time,  place, 
and  provocation,  shall  be  judged  just  and  reasonable,  or 
shall  suffer  imprisonment,  in  a  common  gaol,  not  exceed- 
ing six  months,  or  shall  pay  such  fine,  and  s.;ffer  such  im- 
prisonment both,  at  the  discretion  of  the  court  having 
cognizance  of  the  offence  :  Provided,  that  no  justice  of  Limitation  of 
the  peace  shall,  for  any  such  offence,  inflict  a  greater  JJJSoB?!~~ 
punishment  than  a  fine  of  seven  dollars,  and  imprison-  peace, 
ment  for  one  month  ;  but  if  such  offence,  in  the  opinion 
of  said  justice,  be  of  so  aggravated  a  nature,  as  to  require. 
a  greater  punishment,  the  offender  shall  be  bound  over 
to  the  next  county  court,  to  answer  for  such  offence. 

SECT.  60.  And  be  it  further  enacted,  That  every  per-  Crimesagainst 
eon  who  shall  have  carnal  knowledge  of  any  man,  against  CHASTITY- 
the  order  of  nature,  being  thereof  duly  convicted,  shall  Sodomy- 
suffer  imprisonment,  in  new-gate  prison,  during  his  natu- 
ral life;  except  it  shall  appear,  that  one  of  the  parties 
was  forced,  or  under  fifteen  years  of  age  ;  in  which  case 
the  party  forced,  or  under  the  age  aforesaid,  shall  not  be 
liable  to  suffer  the  said  punishment. 

SECT.  61.  Every  man  or  woman,  who  shall  have  car-  Bestiality, 
nal  copulation  with  any  beast,  and  shall  be  thereof  duly 
convicted,  shall  suffer  imprisonment,  in  new-gate  prison, 
during  his  or  her  natural  life. 

SECT.  62.  If  any  man  shall  commit  adultery  with  a  Adultery, 
married  woman,  each  of  them,  being  thereof  duly  con- 
victed, shall  be  punished  by  imprisonment,  the  man  in 
new-gate  prison,  and  the  woman  in  a  common  gaol,  for 
a  term  not  exceeding  five  years,  nor  less  than  two 
years.(2)  \ 

SECT.  63.  No  man  shall  marry  any  woman  within  the  ince»t.  \ 

following  degrees  of  kindred  ;  that  is  to  say,  no  man  shall  \ 

marry  his  grand-father's  wife,  wife's  grand-mother,  fa- 
ther's sister,  mother's  sister,  father's  brother's  wife,  moth- 
er's brother's  wife,  wife's  father's  sister,  wife's  mother's  j 
sister,  father's  wife,  wife's  mother,  daughter,  wife's  daugh-                       t 
ter,  sou's  wife,  sister,  son's  daughter,  daughter's  daughter, 
son's  son's  wife,  daughter's  son's  wife,  wife's  son's  daugh- 
ter, wife's  daughter's  daughter,  brother's  daughter,  sister's 
daughter,  brother's  son's  wife,  sister's  son's  wife.     And 
every  man  and  woman  who  shall  marry,  or  carnally  know                      j 
each  other,  being  within  any  of  the  degrees  of  kindred 


(2)  The  punishment  of  this  crime  was,  ped,  by  a  justice  of  the  peace.  A  punish- 
at  first,  whipping,  branding  on  the  forehead  ment  fixing  sucli  a  mark  of  infamy  on  the 
with  the  letter  A,  and  wearing  a  halter  person  of  the  offender,  which  could  not  b« 
about  the  neck,  during  their  residence  in  the  effaced  by  reformation,  was  properly  ex- 
state  ;  and  if  found  without  such  halter,  changed  for  imprisonment  in  new-gate, 
they  were  liable  to  be  ordered  to  be  whip- 


164 


Title  22.     Crimes  and  Punishments. 


Bigamy. 


Fornication. 


Lascivious 
carriage. 


Crimes  against 

MORA  LIT* 
AKB  DECEN- 
CY. 

Blasphemy. 


\ 


aforesaid,  and  shall  be  thereof  duly  convicted,  shall  be 
punished  by  imprisonment,  the  man  in  new-gate  prison, 
and  the  woman  in  a  common  gaol,  for  a  term  not  exceed- 
ing five  years,  nor  less  than  two  years.  And  every  mar- 
riage, within  any  of  the  degrees  of  kindred  aforesaid,  shall 
be,  and  is  hereby  declared  to  be,  to  all  intents  and  pur* 
poses,  null  and  void. 

SECT.  64.  If  any  married  person,  his  or  her  lawful  wife 
or  husband  being  alive,  shall  marry  any  other  person  ;  or 
if  any  single  person  shall  marry  any  married  person,  his 
or  her  lawful  wife  or  husband  being  alive  ;  or  if  any  per- 
sons, so  unlawfully  married,  shall  continue  to  live  togeth- 
er, as  husband  and  wife ;  every  person,  knowingly  of- 
fending, in  either  of  the  cases  aforesaid,  shall  suffer  the 
same  punishment  as  is  provided  by  law,  for  the  crime  of 
adultery  ;  and  such  unlawful  marriage  shall  be,  and  is 
hereby  declared  to  be,  to  all  intents  and  purposes,  null 
and  void. 

SECT.  65.  If  any  man  shall  commit  fornication  with 
any  single  woman,  each  of  them,  being  thereof  duly  con- 
victed, before  the  county  court,  or  a  justice  of  the  peace, 
shall  pay  a  fine  of  seven  dollars,  or  suffer  imprisonment, 
in  a  common  gaol,  for  the  term  of  one  month,  at  the  dis- 
cretion of  the  court  having  cognizance  of  the  offence. 

SECT.  66.  Every  person  who  shall  be  guilty  of  lasciv- 
ious carriage  and  behavior,  and  shall  be  thereof  duly  con- 
victed, before  the  county  court,  or  a  justice  of  the  peace, 
shall  be  punished  by  fine,  not  exceeding  ten  dollars,  or  by 
imprisonment,  in  a  common  gaol,  not  exceeding  two 
months,  or  by  such  fine  and  imprisonment  both,  at  the 
discretion  of  the  court  having  cognizance  of  the  of- 
fence.(3) 

SECT.  67.  And  be  it  further  enacted^  That  every  per- 
son who  shall  be  guilty  of  blasphemy  against  God.  or  either 
of  the  persons  of  the  Holy  Trinity,  or  the  Christian  reli- 
gion, or  the  holy  scriptures,  and  shall  be  thereof  duly  con- 
victed, before  the  superior  court,  shall  be  punished,  by  a 
fine  not  exceeding  one  hundred  dollars,  and  by  impris- 


(3)  This  law  originated  from  the  pecul- 
iar sentiments  of  the  first  settlers  respecting 
the  intercourse  of  the  sexes,  and  was  occa- 
sioned by  a  prosecution  for  this  offence 
before  the  particular  court  (as  it  was  cal- 
led) in  1642.  The  act  was  passed  in  De- 
cember, 1642,  and  appears  in  the  revision 
of  1672,  and  has  ever  since  been  continued. 
Though  the  definition  of  this  crime  is  ex- 
pressed in  terms  so  general  as  to  give  to 
courts  an  unbounded  latitude  of  discretion, 
hardly  compatible  with  civil  liberty  ;  yet 


as  a  construction  has  been  given  by  the  su- 
preme court  of  errors,  which  will  compre- 
hend only  offences  that  ought  to  be  re- 
strained and  punished,  it  has  been  thought 
advisable  to  retain  it.  The  construction 
was,  that  the  statute  comprehended  all 
those  wanton  acts  between  persons  of  dif- 
ferent sexes,  flowing  from  the  exercise  of 
lustful  passions,  and  which  are  not  other- 
wise punished  as  crimes  against  chastity 
and  public  decency.  Fowler  \.  State,  5  l>uy. 
81. 


Title  22.    Crimes  and  Punishments. 


165 


onment,  in  a  common  gaol,  for  a  term  not  exceeding  one 
year,  and  may  also  be  bound  to  his  good  behavior,  at  the 
discretion  of  the  court  having  congnizance  of  the  offence. 

SECT.  68.  If  any  person  shall  swear  rashly,  vainly,  or  Profane 
profanely,  either  by  the  holy  name  of  God,  or  any  other  swearing, 
oath  ;  or  shall  sinfully  and  wickedly  curse  any  person  or 
persons  ;  such  person,  so  offending,  being  thereof  duly 
convicted,  shall  forfeit  and  pay,  for  every  such  offence, 
the  sum  of  one  dollar. 

SECT.  69.  If  any  person  shall  print,  import,  publish,  Distributing 
sell,  or  distribute,  any  book,  pamphlet,  ballad,  or  other  obscene  books, 
printed  paper,  containing  obscene   language,  prints,  or     c' 
discriptions ;  such  person,  being  thereof  duly  convicted, 
before  the  county  court,  shall  forfeit  and  pay,  for  every 
such  offence,  a  sum  not  exceeding  fifty  dollars. 

SECT.  70.  If  any  person  shall  purchase,  or  introduce  Purchasing,  or 
into  any  family,  college,  academy,  or'school,  any  such  introducing 
book,  pamphlet,  ballad,  or  printed  paper  ;  such  person,  |ntc&*n^)b!'mi~ 
being  thereof  duly  convicted,  shall  forfeit  and  pay,  for  8c'ene  books, 
every  such  offence,  a  sum  not  exceeding  seven  dollars.      &c. 

SECT.  71 .  If  any  person  shall  be  found  drunken,  so  that  Drunkenness. 
he  be  thereby  bereaved  and  disabled  in  the  use  of  his  rea- 
son and  understanding;  such  person,  being  thereof  duly 
convicted,  shall  forfeit  and  pay,  for  every  such  offence, 
the  sum  of  two  dollars. 

SECT.  72.  If  any  person  or  persons,  shall  open  the/  Disinterment 
grave  of  any  deceased  person,  or  the  tomb  where  the\°^  " 
body  or  bodies  of  any  deceased  person  or  persons  have  ™ 
been  deposited,  and  shall  remove  the  body  or  bodies,  or 
remains,  of  any  deceased  person  or  persons,  from  their 
ve,  graves,  or  place  of  sepulture,  for  the  purposes  of 
issection,  or  any  surgical,  or  anatomical  experiments,  or 
for  any  other  purpose,  without  the  knowledge  and  con- 
sent of  the  near  relatives  of  the  deceased,  if  any  there  be, 
and  the  .select-men  of  the  town  where  said  deceased  per- 
son was  interred  ;  or  shall,  in  any  way,  aid,  assist,  or 
procure  the  same  to  be  done  ;  or  shall  aid,  or  assist  in 
any  surgical,  or  anatomical  experiments  therewith,  or  dis- 
sections thereof,  knowing  said  body,  or  bodies  to  have 
been  so  taken  or  removed  from  the  place  or  places  of 
their  sepulture ;  every  such  person,  so  offending,  being 
thereof  duly  convicted,  before  the  superior  court,  shall 
forfeit  and  pay  a  line,  not  exceeding  five  hundred  dollars, 
nor  less  than  one  hundred  dollars,  and  shall  be  further 
punished,  by  imprisonment,  in  a  common  gaol,  for  a  term 
not  more  than  twelve,  nor  less  than  three  months,  at  the 
discretion  of  the  court  having  cognizance  of  the  offence. 
SECT.  72.  Be  it  further  enacted,  That  if  any  person, 
number  of  persons,  or  corporation  in  this  state,  without 


f  deceased 
arsons. 


gra 

dis 


rimea  against 

PUBLIC     POLJ 


166 


J  'itle  22.     Crimes  and  Punishments. 


Emitting  bills 
to  be  used  as  a 
currency. 


Passing  such 
bills,  &c. 


Unauthorised 
lotteries. 


Selling  lottery 
pickets  of  oth- 
states. 


special  authority  from  the  legislature,  shall  emit  and  utter 
any  bill  of  credit,  or  make,  sign,  draw  or  endorse  any 
bond,  promissory  writing  or  note,  bill  of  exchange,  or 
order,  to  be  used  as  a  general  currency  or  medium  of 
trade,  as  and  in  lieu  of  money  ;  such  person  or  persons, 
or  members  of  such  corporation  assenting  to  such  pro- 
ceeding, and  every  of  them,  being  thereof  duly  convict- 
ed, before  the  superior  court,  shall  pay  a  fine  not  exceed- 
ing six  hundred  dollars,  and  be  imprisoned,  in  a  common 
goal,  for  a  term  no~t  exceeding  two  years,  at  the  discretion 
of  the  court  having  cognizance  of  the  offence. 

SECT.  73.  If  any  person  or  persons,  or  corporation, 
shall  vend,  utter  or  pass  any  bill  of  credit,  bond,  promis- 
sory writing  or  note,  bill  of  exchange,  or  order,  made, 
signed,  drawn  or  endorsed  as  aforesaid,  either  in  this 
or  the  neighbouring  states,  to  be  used  as  aforesaid,  except 
bills  or  notes  issued  by  the  incorporated  banks  in  the  said 
states  ;  such  person,  persons  or  corporation,  so  offending, 
being  thereof  duly  convicted,  before  the  county  court,  or 
a  justice  of  the  peace,  shall  forfeit  and  pay  treble  the 
sum  or  value  expressed  in  such  bond,  note,  bill  or  other 
currency,  the  one  half  to  him  or  them  who  shall  prose- 
cute the  same  to  effect,  and  the  other  half  to  the  treasury 
of  the  town,  when  the  trial  shall  be  had  before  a  justice 
of  the  peace,  and  to  the  county  treasury,  when  it  shall  be 
before  the  county  court. 

SECT.  74.  If  any  person  or  persons,  without  special 
liberty  from  the  general  assembly,  shall  set  up  any  lottery, 
to  raise  and  collect  money,  or  for  the  sale  of  any  pro- 
perty ;  or  if  any  person  shall,  by  wagers,  shooting,  or  any 
kind  of  hazard,  sell  and  dispose  of  any  kind  of  property, 
or  set  up  notifications  to  induce  people  to  bring  in,  and 
deposit  property  to  be  disposed  of  in  such  manner,  or  to 
risk  their  money  or  credit  in  carrying  on  such  designs  ; 
every  such  person,  so  offending,  being  thereof  duly  con- 
victed, before  the  county  court,  shall  forfeit  the  amount 
of  the  money  proposed  to  be  raised  by  such  lottery,  and 
the  value  of  the  property  so  exposed,  or  proposed  to  be 
exposed,  to  sale,  or  drawn  for,  the  one  half  to  him  or 
them  who  shall  prosecute  the  same  to  effect,  and  the  oth- 
er half  to  the  county  treasury. 

SECT.  75.  If  any  person  or  persons  shall,  within  this 
state,  buy,  purchase,  sell  or  otherwise  dispose  of  any 
lottery  tickets,  issued  from  or  under  the  authority  of  any 
other  state  whatever  ;  such  person  or  persons,  so  offend- 
ing, being  thereof  duly  convicted,  shall  forfeit  and  pay 
the  sum  of  seven  dollars,  for  every  such  ticket,  so  bought, 
sold  or  otherwise  disposed  of,  the  one  half  to  him  or  them 
who  shall  prosecute  the  same  to  effect,  and  the  other 


Title  22.     Crimes  and  Punishments. 

half  to  the  treasury  of  the  town  ;  and  no  appeal  shall  be 
allowed  from  any  judgment  upon  any  suit  or  prosecution 
for  said  penalty. 

SECT.  76.  If  any  person  or  persons  shall,  within  this  Keeping  ™ 
atate,  sell  or  open,  or  keep  any  office,  shop  or  store,  for  office  for  the  j 
the  purpose  of  selling  or  procuring  any  lottery  ticket  or  s?le  °f  such| 
tickets,  except  such  as  are  or  shall  be  issued,  or  permitted  tlc  e  s 
to  be  sold,  by  authority  of  the  general  assembly  of  this 
atate  ;  or  if  any  person  or  persons  shall  act  as  a  broker, 
factor  or  agent  in  buying,  selling,  or  procuring  to  be 
bought  or  sold,  any  such  ticket  or  tickets,  or  any  part, 
portion  or  interest  therein,  or  in  effecting  any  contract 
in  regard  thereto  ;  or  shall  set  up,  exhibit  or  publish,  or 
cause   to   be  set  up.  exhibited  or  published,  within  this 
state,  any  written  or  printed  offer  or  proposal,  to  buy, 
sell,  or  procure  any  such  ticket  or  tickets,   or  any  part, 
portion  or  interest  therein  ;  or  any  proposal  or  offer  to 
effect  any  contract   in   regard   thereto  ;  such  person   or 
persons,   so  offending,  being  thereof  duly  convicted,  be-  . 
fore  the  county  covirt,  shall,  for  each  offence,  forfeit  and  , 

pay  a  fine  of  fifty  dollars. 

SECT.  77.  If  any  person  shall  bet  or  wager  upon  any 
horse-race,  or  be  concerned  in  making  up  any  purse  for  h^rse-face*0" 
an)  such  race,  and  shall  be  thereof  duly  convicted,  before 
the  county  court,  he  shall  forfeit  and  pay  the  surn  of  fifty 
dollars. 

SKCT.  78.  If  any  person  shall  be  a  stake-holder  of  any  Being  stake- 
sum  of  money,  or  of  any  other  thing,  betted,  staked  or  holder>  &c- 
wagered  upon  any  horse-race  ;  or  shall  print,  or  cause  to 
be  printed,  any  paper  notifying  or  advertising  any  horse- 
race ;  or  shall  be  the  rider  of  any  horse,  or  horse  kind, 
in  any  race,  on  which  any  bet  or  wager  shall  have  been 
made ;    such   person,   so   offending,  being  thereof  duly 
convicted,  before  the  county  court,  shall  forfeit  and  pay 
the  sum  of  thirty  dollars. 

SECT.   79.  Each  horse,  or  horse  kind,  used  and  em-  Forfeiture  of 
ployed  in  any  horse-race,  on  which  any  bet  or  wager  is  ^"^  "^  in 
laid,  or,  any  purse  or  stake  made,  shall  thereby  be  for- 
feited to  this  state ;  and  may,  at  any  time  within   six 
months  thereafter,  be  seized,  by  any  constable  or  grand-  Seizure. 
juror  of  the  town,   in  which  such  race  shall  have  been 
run,  or  by  the  attorney  for  the  state  in  the  county  in  which 
such  town  is  ;  and  in   case  of  seizure  as  aforesaid,  the 
informing  officer  so  seizing,  shall  make  information  against  Information, 
such  horse,  or  horse  kind,  to  the   next  county  court  in 
such  county  ;  and  said  court  shall  proceed  to  hear  and 
determine  such  information  ;  and  in  case  such  horse,  or 
horse  kind,  shall  be  adjudged  forfeited,  such  court  shall 
»rder  a  sale  thereof,  at  public  vendue,  or  private  sale,  and  Sale. 


168 


Title  22.     Crimes  and  Punishments. 


Playing  at 

cards  for 
money- 


Heads  of 
families  per- 
nutting  cards 
to  be  played 
in  their  house, 


Selling  play- 
mg-cards. 


Taverners 
keeping  im- 


Keeping  bil- 
Hard  table. 


Gaming  at 
billiard    table, 
E  O  table,  &c. 


\ 


direct  the  avails  thereof,  first  deducting  the  charges 
of  condemnation,  to  be  paid  into  the  treasury  of  this 
state. 

SECT.  80.  If  any  person  or  persons  shall  play  at  cards, 
dice,  tables  or  billiards,  for  money  ;  every  such  person,  so 
offending,  being  thereof  duly  convicted,  shall  pay  for 
every  such  offence,  a  fine  of  three  dollars  and  thirty- 
four  cents. 

SECT.  81.  The  head  of  every  family  in  whose  house 
any  game  at  cards,  dice,  tables  or  billiards,  is  so  played 
or  used,  with  his  or  her  privity  or  consent,  being  thereof 
duly  convicted,  shall  forfeit  and  pay,  for  each  time  any 
such  game  is  so  played  or  used,  a  fine  of  three  dollars 
and  thirty-four  cents. 

SECT.  82.  If  any  person  shall  sell  any  playing-cards  in 
this  state,  or  have  any  for  sale  in  his  possession,  or  offer 
to  sell  any  ;  every  such  person,  so  offending,  being  there- 
of duly  convicted,  shall  pay  for  every  pack  of  cards  by 
him  so  sold,  possessed  or  offered  for  sale,  a  fine  of  seven 
dollars. 

SECT.  83.  If  any  taverner,  inn-keeper,  or  victualler 
shall  have  or  keep  in  or  about  his  or  her  house,  or  any  of 
the  dependencies  thereof,  any  cards,  dice,  tables  or 
billiards,  or  any  other  implement  used  in  gaming;  or 
shall  suffer  any  person  or  persons  resorting  to  his  or  her 
house,  to  use  or  exercise  any  of  the  said  games,  or  any 
other  unlawful  game,  within  his  or  her  house,  or  any 
of  the  dependencies  thereof,  or  places  to  them  belong- 
ing ;  every  such  person,  so  offending,  being  thereof  duly 
convicted,  shall  pay  for  every  such  offence  a  fine  of  seven 
dollars. 

SECT.  84.  If  any  person  or  persons  shall,  at  any  time, 
have  or  keep  in  his,  her  or  their  custody  or  possession 
any  billiard-table ;  every  such  person,  being  thereof 
duly  convicted,  shall  forfeit  and  pay  the  sum  of  seven 
dollars  ;  and  the  like  sum  for  every  time,  as  often  as  any 
such  billiard-table  shall  be  found  in  his,  her  or  their  pos- 
session. 

SECT.  85.  If  any  person  shall  win  or  lose  any  money, 
or  other  valuable  thing,  by  play  or  hazard,  at  cards,  dice, 
E  O  table,  tables,  billiards,  tennis,  bowls,  shuffle-board, 
or  other  game  or  games  whatsoever,  or  by  betting  on 
such  play  or  hazard,  or  by  sharing  in  any  stake,  wager, 
or  adventure  of  others,  who  bet,  play  or  hazard  as  afore- 
said ;  or  if  any  taverner,  inn-keeper,  or  other  person, 
shall  consent  to,  or  suffer  such  playing  or  hazarding  to  be 
practised  in  his  or  her  house,  or  its  dependencies,  or  in 
any  building  or  place  in  his  or  her  occupation  ;  and  any 
money,  or  other  valuable  thing,  shall  thereupon  be  won 


Title  22.     Crimes  and  Punishments. 

or  lost  as  aforesaid ;  every  person  so  offending,  being 
thereof  duly  convicted,  before  the  county  court,  shall 
forfeit  and  pay  a  fine  of  double  the  value  of  such  money 
or  thing.  And  on  trial  of  any  person,  for  either  of  the 
offences  in  this  section  before  mentioned,  the  court  or 

jury,  as  the  case  may  be,  on  finding  such  person  guilty  of  Findin?  9f 

•L      i.  L    11      i        £.    j  xi_  /•  xi  court  or  jury, 

such  charge,  shall  also  find  the  value  of  the  money  or 

thing  won  or  lost  ;  or  if  it  appear  that  such  person  hath 
won  or  lost  as  aforesaid,  or  consented  to,  or  suffered 
such  plaving  or  hazarding  as  aforesaid,  and  the  value  of 
the  money  or  thing  won  or  lost  be  uncertain,  or  be  not 
made  to  appear  ;  the  court  or  jury,  as  the  case  may  be, 
shall  thereupon  find  him  or  her  guilty,  and  shall  also  find 
the  value  of  such  money  or  thing  to  be  uncertain  ;  and 
whenever  the  value  of  such  money  or  thing  shall  be  so 
found  to  be  uncertain,  as  aforesaid,  such  person  shall  be 
adjudged  to  forfeit  and  pay  a  fine  not  exceeding  one 
hundred  dollars,  nor  less  than  twenty  dollars. 

SECT.   86.  Every  person  who  shall  own  or  share,  in  Owning  bil- 
part  or  in  whole,  any  billiard-table,  or  E  O  table  ;  or  Hard-table, 
who  shall  have  any  part,  share  or   interest  in  any  bank,         ta  le> 
commonly  called  a.  faro  bank  ,•  or  in  any  other  bank,  capi- 
tal stock  or  fund,  raised  or  established  for  gaming ;  or 
who  shall  have  or  keep  in  his  or  her  custody  or  posses- 
sion, any  such  table  ;  and  shall  be  thereof  duly  convict- 
ed, before  the  county  court,  shall  forfeit  and  pay  a  fine  of 
one  hundred  dollars. 

SECT.  87.  If  any  company  of  players,  or  persons  Theatrical  ex 
whatsoever,  shall  exhibit  any  tragedies,  comedies,  farces  ltlons- 
or  other  dramatic  pieces  or  compositions,  or  any  panto- 
mimes, or  other  theatrical  shows  whatsoever,  in  any 
public  theatre,  or  elsewhere,  in  this  state,  with  views  of 
gain,  and  for  which  they  shall  demand  and  receive  from 
the  spectators  of  such  shows  and  exhibitions,  or  others, 
any  sum  or  sums  of  money,  as  a  reward  for  their  service 
and  labour  therein,  or  under  colour  of  a  gratuity  there- 
for ;  each  person  so  exhibiting,  being  thereof  duly  con- 
victed, before  the  county  court,  shall  forfeit  and  pay  a 
penalty  of  fifty  dollars,  one  half  to  him  or  them  who  shall 
sue  for,  and  prosecute  the  same  to  effect,  and  the  other 
half  to  the  treasury  of  the  county. 

SECT.  88.  If  any  mountebank,  tumbler,  rope-dancer,  Exhibitions 
master  of  puppet-shows,  or  other  person  or  persons,  shall  j^ks  "turn- 
exhibit  or  cause  to  be  exhibited,  on  any  public  stage  or  biers, ' 
place  whatsoever,  within  this  state,  any  games,  tricks, 
plays,  shows,  tumbling,  rope-dancing,  puppet-shows,  or 
feats  of  uncommon  dexterity  or  agility  of  body ;  or  offer, 
vend,  or  otherwise  dispose  of,  on  any  such  stage  or  place, 
to  any  persons  so  collected  together,  any  drugs  or  medi- 
22 


170 


Title  22.     Crimes  and  Punishments. 


Permitting 
exhibitions  in 
one's  house. 


Accessories. 
Fines,  &c. 


Duty  of  in- 
forming offi- 
cers. 

Disposition  of 
penalty. 


Punishment  of 
death,  how  in- 
flicted. 


Imprisonment 
in  new-gate ; 

in  a  common 

gaol. 


cines  recommended  to  be  useful  in  various  disorders  ; 
every  person,  so  offending,  being  thereof  duly  convicted, 
before  the  county  court,  shall  forfeit  and  pay,  for  every 
such  offence,  a  sum  notexceeding  two  hundred  dollars,  nor 
less  than  sixty  dollars,  one  half  to  him  or  them  who  shall 
sue  for,  and  prosecute  the  same  to  effect,  and  the  other 
half  to  the  treasury  of  the  county  ;  and  if  such  offender 
be  a  minor,  or  an  apprentice,  under  the  age  of  twenty-one 
years,  or  a  servant,  such  fine  or  penalty  shall  be  paid  by 
his  parent,  guardian  or  master. 

SECT.  89.  If  any  person  within  this  state  shall  suffer 
any  such  mountebank  to  vend  his  medicine,  or  any  per- 
son to  exhibit  any  tricks  of  tumbling,  rope-walking,  or 
dancing,  puppet-shows,  or  any  uncommon  feats  of  agili- 
ty of  body,  for  money,  or  other  cause,  before  any  collec- 
tion of  spectators,  in  his  or  her  house,  or  its  dependen- 
cies ;  every  such  person,  so  offending,  being  thereof 
duly  convicted,  shall  forfeit  and  pay,  for  every  such  of- 
fence, the  sum  of  seven  dollars,  one  half  to  him  or  them 
who  shall  sue  for  and  prosecute  the  same  to  effect,  and 
the  other  half  to  the  treasury  of  the  town  wherein  such 
offence  shall  be  committed. 

SECT.  90.  Be  it  further  enacted,  That  every  person 
who  shall  aid,  assist,  abet,  counsel,  hire,  or  command 
any  person  or  persons,  to  commit  any  crime  or  offence 
in  this  act  before  mentioned,  being  thereof  duly  convict- 
ed, shall  suffer  the  same  punishment  as  that  to  which  the 
principal  offender  is  subject. 

SECT.  91.  In  all  cases  where  a  fine,  penalty,  or  for- 
feiture is  provided  and  inflicted  by  this  act,  as  a  punish- 
ment for  any  offence,  and  one  moiety  thereof  is  given  to 
the  person  or  persons  aggrieved,  or  to  him  or  them  who 
shall  sue  for  and  prosecute  the  same  to  effect,  and  the 
other  moiety  to  the  state,  county,  or  town  treasury,  it 
shall  be  the  duty  of  all  proper  informing  officers  to  make 
presentment  of  such  offence  to  the  court  having  cogni- 
zance thereof,  and  in  case  of  conviction,  on  such  present- 
ment, the  whole  of  such  fine,  penalty,  or  forfeiture,  shall 
go  and  belong  to  the  state,  county,  or  town-treas- 
ury. 

SECT.  92.  The  punishment  of  death,  herein  before 
mentioned,  shall,  in  all  cases,  be  inflicted  by  hanging  by 
the  neck,  at  such  time  as  the  court  shall  direct,  not  less 
than  thirty  days  after  the  conviction  ;  and  the  punish- 
ment of  imprisonment  in  new-gate  prison,  shall  be  sub- 
ject to  the  provisions  of  law,  relating  to  said  prison  ;  and 
that  of  imprisonment  in  a  common  gaol,  shall  be  subject 
to  the  provisions  of  law,  relating  to  gaols  and  gaolers. 


Title  22.     Crimes  and  Punishments.  171 

SECT.  93.  If  any  person,  having  been  convicted   of  Second  con- 
either  of  the  crimes  aforesaid,  the  punishment  whereof  is  vlcti°H- 
imprisonment  in  new-gate  prison,   for  a  term  less  than 
for  life,  shall  again  be  convicted  of  the  same  crime,  or  of  y 

either  of  such  crimes,  he  shall,  on  such  second  convic-  [ 

tion,  suffer  imprisonment  in  said  prison,  for  a  term  not  * 

exceeding  double  the  term  for  which  he  would  be  liable 
to    suffer,  without  such  former  conviction ;  and  if  any 
person  shall  be  convicted  a  third  time,  of  either,  or  any  Third  comic- 
of  said  crimes,  he  shall  suffer  imprisonment  in  said  new-  tion- 
gate  prison,  during  his  natural  life. 

SECT.  94.  On  the  conviction  of  any  female,  of  any  of  Imprisonment 
the  crimes  in  this  act  specified,  the  punishment  whereof  of  fem»le8- 
is  imprisonment  in   new-gate  prison,  such  female  shall, 
instead  of  being  confined  in  said  new-gate  prison,  be  lia- 
ble  and  subjected  to  confinement  with  none  but  females, 
in  the  common  work-house   in  the  county  where  such  fa~j*  ' 

offence  is  tried,  there  to  be  kept  at  such  labor  as  may  be 
suitable,  and  to  be  under  the  direction  of  the  overseers  of 
said  work-house;  or  to  imprisonment,  in  the  common  gaol 
in  such  county,  there  to  be  kept  to  labor  as  aforesaid,  un- 
der the  direction  of  the  keeper  of  such  gaol;  according  to 
the  direction  of  the  court  before  whom  such  conviction 
is  had,  and  for  the  same  period,  for  which  the  offender,  if 
a  male,  would  be  liable  to  suffer  imprisonment  in  new- 
gate  prison. 

SECT.  95.  Any  male  person,  who  shall  be  guilty,  and  When  new- 
convicted  of  any  crime,  the  punishment  whereof  is,  or  £ate  Pnson  1S 
shall  be,  confinement  in  new-gate  prison,  at  any  time  JrisonersPmay 
when  said  prison  may  be  out  of  repair,  may  be  confin-  be  confined  in 
eel  in  any  of  the  gaols  in  the  state,  until  such  prison  shall  common  gaols, 
be  in  a  condition  to  receive  him. 

SECT.  96.  All  persons  charged  with  any  of  the  offences  offenders, 
herein   before  mentioned,  shall  be  tried   in  the  county  where  to  be 
wherein  the  offence  shall  have  been  committed,  except  tned> 
that  persons,  charged  with  bigamy,  may  be  tried  in  the 
county  where  they  shall  be  apprehended;  and  where 
theft  shall  be  committed  in  one  county,  and  the  property  Theft, 
stolen  be  carried  into  another,  the  offender  may  be  tried 
in  either  county.     If  a  person  be  wilfully  and  malicious-  Munjer 
ly  stricken  or  poisoned,  in  one  county,  and  die  of  the  same 
stroke  or  poison,  in   another  county,    within  one  year 
thereafter,  the  offender  shall  be  tried  in  the  county  where 
such  stroke  or  poison  was  given. 

>K<  T.  97.  All  persons  detained  in  gaol  for  trial,  for  an  Bail, 
offence  not  capital,  shall  be  entitled  to  bail,  to  be  taken 
by  one  or  more  of  the  judges  of  the  court  having  cogni- 
zance of  the  offence. 


172  Title  22.     Crimes  and  Punishments. 

Jurisdiction  of       SECT.  98.  The  superior  court  shall  have  cognizance 
pelS  court"      °f  ali  On°ences5  whereof  any  part  of  the  punishment  is,  or 
may  be,  death,  confinement  in  new-gate  prison,  or  inca- 
pacity to  hold  office,  and  also  of  high  crimes  and  misde- 
of  justices  of     meanors  at  common  law ;  and  the  several  justices  of  the 
the  peace.         peace  shall  have  cognizance  of  all  offences,  punishable 

by  a  fine  or  forfeiture,  not  exceeding  seven  dollars. 
Authority  of          SECT.  99.  If  any  person  or  persons  shall  be  brought 
justices  of  the  before  a  justice  of  the  peace,  for  any  matter  of  a  criminal 
peace  to  bmd    nature,  which  is  not  determinable  by  a  single  minister  of 
justice,  such  authority  shall  recognize,  \vith  surety,  such 
person  or  persons,  if  bailable,  to  appear  before  the  court 
proper  to  try  and  determine  the  same,  and  for  want  of 
sufficient  bail,  to  commit  him  or  them  to  gaol,  for  the 
purpose  aforesaid;  and  also  to  commit  all  such  as  are  not 
by  law  bailable,  that  they  may  be  brought  to  justice  ;  and 
To  whom  re-    the  bond  of  recognizance,  which  such  justice  of  the  peace 
cognizance        may  take,  shall,  if  the  record  is  returnable  to  the  county 
shall  be  taken.  court?  De  given  to  the  treasurer  of  the  county,  and,  if  re- 
turnable to  the  superior  court,  to  the  treasurer  of  the 
state. 

Persons  com-        SECT.  100.  In  all  cases  wherein  a  recognizance  has 
been,  or  may  be,  required  from  any  person,  by  a  justice 
nizance  how°"  °f  the  peace,  such  person,  if  confined  in  a  gaol  for  neglect- 
to  be  relieved,  ing  orrefusingto  recognize,  maybe  relieved,  by  entering 
into  a  proper  recognizance,  before  any  judge  of  the  supe- 
rior court,  or  any  judge  of  the  county  court,  in  the  coun- 
ty wherein  such  person  may  be  confined. 

Right  of  ap-  SECT.  101.  When  any  person  shall  be  convicted,  be- 
peal-  fore  a  justice  of  the  peace,  of  any  crime,  except  drunken- 

ness, profane  swearing,  cursing,  or  sabbath-breaking,  he 
shall  have  liberty  of  appeal  to  the  next  county  court ;  pro- 
vided he  gives  sufficient  security  for  his  appearance,  and 
for  abiding  the  judgment  that  may  be  given  by  the  county 
court  therein. 

Judgment  on  SECT.  102.  When  any  justice  of  the  peace  shall  have  plain 
view.  view,  or  personal  knowledge,  of  any  person's  being  guil- 

ty of  drunkenness,  profane  swearing,  cursing,  or  sabbath- 
breaking,  it  shall  be  accounted  good  and  sufficient  evi- 
dence in  the  law,  for  such  justice  to  make  up  a  judgment 
against  such  person  or  persons,  so  offending,  having  first 
caused  such  person  or  persons  to  be  brought  before  him. 
But  no  judgment  shall  be  rendered,  by  a  justice  of  the 
peace,  against  any  person,  for  any  other  offence,  wheth- 
er on  confession  or  otherwise,  without  previous  complaint 
and  warrant. 

^ustkSofthe  SECT-  103.  Every  justice  of  the  peace  shall  have  au- 
peaceto  issue  thority  to  issue  process,  to  be  served  in  any  part  of  the 
process,  state,  to  apprehend,  and  bring  before  him,  any  person 


Title  22.     Crimes  and  Punishments.  173 

against  whom  complaint  is  made,  for  any  criminal  of- 
fence, for  which  he  ought  to  be  brought  before  such  jus- 
tice for  trial,  or  examination  ;  and  may,  in  like  manner, 
grant  summons,  or  capias,  for  witnesses,  in  such  cases. 

SECT.  104.  The  superior  court,  and  the  several  coun-  Grand-jury 
ty  courts  in  this  state,  shall  have  power,  when  there  shall 
be  occasion,  to  order  a  grand-jury  of  eighteen,  of  those 
chosen  by  the  respective  towns  in  the  county,  or  other 
sufficient  freeholders  of  the  county,  wherein  the  court  is 
sitting,  to  be  summoned,  impannelled,  and  sworn,  to  en- 
quire after,  and  present  such  criminal  offences  as  shall  be 
cognizable  by  said  courts  respectively.     And  no  person  Indictment,  in 
shall  be  held  to  trial,  or  put  to  plead,  to  any  complaint,  what  cases  ne- 
information,  indictment,  or  accusation,  for  any  crime,  the  cessary- 
punishment  of  which  may  be  death,  or  imprisonment  for 
life,  unless  a  bill  of  indictment  be  found  against  such  per- 
son for  such  crime,  by  a  grand-jury,   legally  impanneled 
and  sworn  ;  and  no  bill  of  indictment  shall  be  presented 
by  any  grand-jury,  unless  twelve,  at  least,  of  the  jurors 
agree  to  it. 

SECT.  105.  If  the  grand-jury  shall,  in  the  same  indict-  Proceedings 
ment,  charge  any  woman  with  the  wilful  murder  of  her  °n  indictment 
infant  bastard  child,  as  well  as  with  being  secretly  deliv-  der?/ "basTard 
ered  of  such  child,  and  of  concealing  the  death  thereof,  child,  &c, 
or  either  of  such  offences,  and  it  shall  appear  to  the  jury 
of  trials,  that  she  is  guilty  of  the  murder  charged,  she  shall 
be  thereupon  convicted  of  murder,  and  suffer  the  pains 
of  death,  as  in  case  of  murder  ;  but  if  it  shall  not  appear 
to  the  same  jury,  that  she  is  guilty  of  the  murder  charged 
in  the  indictment,  but  only  of  either,  or  both  the  other 
offences  aforesaid,  then  the  same  jury  may  acquit  her  of 
the  charge  of  murder,  and  find  her  guilty  of  the  other  of-    , 
fences  aforesaid,  or  either  of  them,  as  the  case  may  be. 

SECT.  106.  Any  person  arraigned  before  the  superior  Peremptory 
court  for  trial,  on  an  indictment  for  any  offence,  by  law  challenge  of 
punishable  with  death,  shall  have  liberty,  peremptorily,  Jurors- 
and  without  giving  any  reason,  to  challenge  twenty  of  the 
jurors,  summoned  and  impanneled  for  said  trial,   and  no 
more,  without  shewing  sufficient  reasons. 

SECT.  107.  No  person  shall  be  convicted  of  any  crime,  Evidence  in 
by  law  punishable  with  death,  but  upon  the  testimony  of  capital  cases 
two  or  three  witnesses,  or  that  which  is  equivalent. 

SECT.  108.  In  a  prosecution  against  any  person,  for  for-  Evidence  in 
gingor  altering  any  bill  or  bills,  purporting  to  be  issued  fo^fom^gw 
by  any  bank,  not  incorporated  by  the  authority  of  this  putting  off 
state,  or  for  putting  off  such  bills,  knowing  them  to  be  forged  bank 
forged  or  altered,  the  deposition  of  the  president,  cash-       s' 
ier,  or  any  clerk  of  such  bank,  duly  taken,  shall  be  ad- 
mitted to  prove  the  existence  of  such  bank,  and  that  such 


174 


Title  22.     Crimes  and  Punishments. 


Witness,  how 
compelled  to 
appear  and 
testify. 


Proviso. 


Compensation 
to  witnesses 
without  the 
state. 


Contempt  of 
court. 


Limitation  of 
punishment. 


Direction  of 
court  to  the 

jury- 


Writ  of  error. 


Warrant  and 
^xecution. 


bill,  or  bills  are  forged  or  altered  :  and  in  such  prosecu- 
tions, the  testimony  of  witnesses  who  have  the  means  of 
knowledge,  shall  be  admitted  to  prove,  that  bills  of  the 
description  of  those  charged  to  be  forged  or  altered,  pass 
and  are  received,  as  true  bills ;  and  that  the  bill  or  bills 
for  which  the  prosecution  is  pending^  is,  or  are  different 
from  the  true  bills,  and  is,  or  are  treated  and  considered 
as  false,  forged,  or  altered. 

SECT.  109.  If  any  person  who  shall  be  required  to  ap- 
pear and  give  his  evidence,  upon  the  examination  or  trial 
of  any  delinquent,  or  criminal,  or  an  offender  against  any 
penal  law,  shall  refuse  to  appear,  or  make  oath  to  de- 
clare his  knowledge  in  the  matter,  or  cause,  the  court, 
or  justice,  holding  such  examination  or  trial,  may  appre- 
hend and  commit  the  person,  so  refusing,  to  gaol,  there 
to  remain,  at  his  own  cost,  until  he  shall  give  evidence 
as  aforesaid  :  Provided,  that  no  person  shall  be  compel- 
led or  required  to  give  evidence  against  himself,  nor  shall 
any  evidence,  given  by  him  as  aforesaid,  be,  at  any  time, 
construed  to  his  prejudice. 

SECT.  110.  Whenever,  in  any  criminal  prosecution 
before  the  superior  court,  or  any  county  court  in  this 
state,  it  shall  be  necessary  to  obtain  the  testimony  of 
any  witness  residing  without  this  state,  it  shall  be  lawful 
for  such  court  to  allow  to  such  witness  a  just  and  reason- 
able sum  for  his  or  her  time  and  expenses,  in  coming  to, 
attending  upon,  and  returning  from  such  court,  to  be  tax- 
ed and  paid  as  in  other  cases. 

SECT.  111.  If  any  person,  in  the  presence  of  any  court, 
shall,  either  by  words  or  actions,  behave  contemptuously 
or  disorderly,  it  shall  be  in  the  power  of  the  court  to  in- 
flict such  punishment  upon  him,  by  fine  or  imprisonment, 
as  shall  be  judged  reasonable  :  Provided,  however,  that 
no  single  minister  of  justice  shall  inflict  a  greater  fine 
than  seven  dollars,  nor  a  longer  term  of  imprison- 
ment than  one  month  ;  and  no  other  court  shall  inflict  a 
greater  fine  than  one  hundred  dollars,  nor  a  longer  term 
of  imprisonment  than  six  months. 

SECT.  112.  It  shall  be  the  duty  of  the  court  to  state 
their  opinion  to  the  jury,  upon  all  questions  of  law,  aris- 
ing in  the  trial  of  a  criminal  cause,  and  to  submit  to  their 
consideration  both  the  law  and  the  fact,  without  any  direc- 
tion how  to  find  their  verdict. 

SECT.  1 1 3.  The  party  aggrieved  by  manifest  and  ma-, 
terial  error  appearing  of  record,  in  any  criminal  pro- 
secution, may  be  relieved  by  writ  of  error,  in  the  same 
manner  as  in  civil  actions. 

SECT.  114.  When  any  sheriff,  deputy-sheriff,  or  con- 
stable, shall  receive  a  warrant  from  any  court  or  justice. 


Title  22.     Crimes  and  Punishments.  175 

,^— • 

having  lawful  cognizance  of  the  offence,  to  do  execution 
of  a  judgment,  by  them  or  him  given,  against  any  delin- 
quent or  criminal,  such  officer  shall  proceed  according  to 
the  direction  of  such  warrant,  to  do  execution  himself,  or 
by  some  meet  person  by  him  to  be  procured,  to  the  ac- 
ceptance of  the  court  granting  such  warrant ;  and  for 
doing  execution  as  aforesaid,  a  reasonable  satisfaction 
shall  be  made,  as  the  court  or  justice  shall  allow;  which 
shall  be  taxed  as  a  part  of  the  costs  against  such  de- 
linquent or  criminal,  and  shall  be  paid  as  is  provided  by 
law,  for  the  payment  of  other  charges  of  prosecution. 

SECT.  115.  Every  person  who  shall  be  informed  Costa,  on  con- 
against,  complained  of,  indicted,  or  in  any  lawful  manner  VIC  lon' 
prosecuted,  for  any  crime  or  matter  of  delinquency,  and 
shall  be  thereof  duly  convicted,  shall  pay  all  the  neces- 
sary costs  arising  upon  such  prosecution,  before  he  shall 
be  discharged  ;  but  if  such  person,  so  prosecuted  as 
aforesaid,  shall  be  acquitted,  or  if,  in  case  of  conviction, 
the  costs  of  prosecution  cannot  be  obtained  out  of  his 
estate,  such  costs,  if  the  trial  be  in  the  superior  or  county 
court,  shall  be  paid  out  of  the  state  treasury,  and  if  before 
a  justice  of  the  peace,  out  of  the  treasury  of  the  town 
wherein  the  prosecution  is  had.  And  in  all  cases,  the  said 
superior  and  county  courts  respectively,  are  empowered 
to  draw  on  the  state-treasuKer,  and  such  justice  of  the 
peace  is  empowered  to  draw  on  the  town-treasurer,  for 
the  amount  of  such  costs,  immediately  after  the  prosecu- 
tion is  determined ;  and  such  costs,  if  eventually  recov- 
ered of  the  person  prosecuted,  shall  be  paid  into  the 
treasury,  which  shall  have  been  so  as  aforesaid  drawn 
upon,  for  the  amount  thereof.  (4) 

SECT.  116.  In  case  costs  shall  arise  on  any  proceedings,   Costs,  on  un- 
or  in  pursuit  of  any  person  informed  against,  by  any  in-  ^ essm  pur" 
forming  officer,  and  such  person  cannot  be  apprehended, 
or  being  apprehended,  shall,  without  fault  of  the  officer, 
escape,  before  he  is  committed  to  prison,  or  bailed,  such 
costs,  if  the  offence  of  which  such  person  is  accused  be 
recognizable  by  the  superior,  or  county  courts,  shall  be 
paid  out  of  the  state  treasury,  and  if  cognizable,   by  a 

(4)  In  the  revision  of  1672,  there  is  a  the  same  was  had  by  mistakertand  were 

statute,  enacting,  that  any  person  commit-  liable  to  be  assigned  in  service,  if  unable  to 

ted  upon  delinquency,  shall  bear  the  charges  pay.     It  was  considered  so  unjust,  that  a 

of  prosecution,  arid  shall  pay  to  the  master  person  who   was  acquitted  of  the  crime, 

of  the  prison  six  shillings  and  eight  pence,  should  pay  the  costs  of  the  prosecution,  a 

before  he  shall  be  discharged.     In  the  re-  statute  was  passed  in   1811,  exonerating 

vision  of  1750,  persons  prosecuted  for  any  from  the  payment  of  costs,   every  person 

matter  of  delinquency,  were  liable  to  pay  acquitted  of  the  crime  for  which  he  was 

costs,  whether  found  guilty  or  not,  unless  prosecuted, 
there  was  no  cause  for  the  prosecution,  and 


176 


Title  22.     Crimes  and  Punishments. 


Reward  for 

making  dis- 
covery,  and 

Sf  0^0™ 
gery,'&e. 


Of  horse-steal 


Reward  to  be 

offered  by  gov- 

in"  drisfco^y  " 
and  giving  in- 
formation 


justice  of  the  peace  only,  out  of  the  treasury  of  the  town 
wherein  the  offence  is  alleged  to  have  been  committed  ; 
and  said  superior  and  county  courts,  and  the  justice  of 
peace  to  whom  the  process  is  returnable,  are,  respective- 
ly, empowered  to  give  order  for  the  payment  thereof 
accordingly. 

SECT.  1  17.  Whosoever  shall  make  discovery,  and  give 
information  against  any  person  accused  of  forgery,  or 
counterfeiting,  in  any  manner  herein  before  specified  ; 
or  .°f  uttering  and  putting  off  any  forged  or  counterfeited 
writing  or  coin,  herein  before  specified  ;  or  of  passing, 
selling,  exchanging  or  giving  in  payment,  or  offering  to 
pass,  sell,  exchange  or  give  in  payment,  the  same,  or  of 
receiving  and  having  the  same  in  his  possession  ;  or  of 
engraving  or  making  any  plate,  for  the  purpose  of  forgery 
or  counterfeiting  as  aforesaid  ;  or  of  having  in  his  pos- 
session any  blank,  or  unfinished  note  or  bill,  of  the  de- 
scription aforesaid,  or  any  plate  for  forging  or  counter- 
feiting the  same,  with  the  intention  in  such  cases  re- 
pectively  aforesaid  ;  or  of  aiding,  assisting,  counselling, 
or  advising  therein  ;  so  that  the  person  accused  thereof 
shall  be  tendered  to  justice,  and  shall  be  convicted,  or 
being  bound  over  for  trial,  shall  forfeit  his  bond  or  re- 
cognizance ;  every  such  informer  shall  have  and  receive, 
as  a  reward  for  his  good  services  in  discovering  and  in- 
forming as  aforesaid,  the  sum  of  thirty-four  dollars,  to  be 
ordered  out  of  the  state-treasury,  by  the  court  before 
whom  such  conviction  or  forfeiture  is  had.  And  whoso- 

ever shall  make  discovery  and  give  information  against 

j     /.  ,,    J      •       3    c  i  ,-       °r 

any  person  accused  of  the  crime  01  horse-stealing  afore- 

said, so  that  the  person  accused  thereof  shall  be  tendered 
to  justice,  and  shall  be  convicted,  or  being  bound  over 
for  trial,  shall  forfeit  his  bond  or  recognizance,  shall 
receive  his  costs  expended  in  such*  prosecution,  not  ex- 
ceeding twenty  dollars,  to  be  ordered  out  of  the  state 
treasury,  by  the  court  before  whom  such  conviction  or 
forfeiture  is  had. 

SECT.  118.  Whenever  any  crime  shall  have  been 
committed,  by  law  punishable  with  death,  the  governor, 
uP°n  application  of  the  attorney  for  the  state,  in  the 
county  wherein  such  crime  shall  have  been  committed, 
shall  be,  and  hereby  is,  authorised  and  empowered  to 
offer  publickly  a  reward  not  exceeding  one  hundred  dol- 
lars, to  the  person  or  persons  who  shall  make  discovery, 
and  give  information  against  any  other  person  guilty  of 
such  crime,  so  that  he  may  be  tendered  to  justice,  and 
convicted  ;  which  sum.  so  offered  as  a  reward,  shall  ac- 
cordingly be  paid  to  such  informer  or  informers,  from  the 


Title  23.     Deaths. 


177 


state  treasury,  by  order  of  the  court  before  whom  such 
conviction  is  had.  (5) 


(5)  Our  ancestors  did  not  bring  with 
them  the  sanguinary  criminal  code  of  their 
native  country  ;  but  borrowed  their  regu- 
lations from  a  different  source.  In  the 
preface  to  the  edition  of  1672,  they  say, 
"  We  have  endeavoured  not  only  to  ground 
our  capital  laws  upon  the  word  of  God, 
but  also  all  our  other  laws  upon  the  justice 
and  equity  held  forth  in  that  word,  which 
is  a  most  perfect  rule."  Accordingly,  pur- 
suant to  that  law,  a  statute  was  passed, 
punishing  with  death,  idolatry,  witchcraft, 
blasphemy,  murder,  bestiality,  sodomy,  in- 
cest, rape,  man-stealing,  perjury  with  in- 
tent to  take  away  life,  the  cursing  or 
smiting  of  parents  by  children,  and  the 
rebellion  of  sons  against  parents.  Though 
these  severe  laws  continued  in  force  for  a 
considerable  time,  yet  the  instances  are 
rare  in  which  any  of  them  were  executed ; 
and  indeed,  very  few  capital  punishments 
were  ever  inflicted  in  the  state.  No  in- 
stance ever  occurred,  where  a  person  was 
executed  for  idolatry,  blasphemy,  man- 
-stealing,  for  the  cursing  or  smiting  of  pa- 
rents b"y  children,  or  the  rebellion  of  sons 
against  parents.  There  were  a  few  con- 
victions for  the  crime  of  witchcraft ;  but 
there  is  no  certain  evidence  of  an  execution. 
But  the  rigour  of  this  severe  code  has  been, 
from  time  to  time,  greatly  moderated ;  and 
in  the  revision  of  1750,  it  underwent  a 
material  amelioration  :  idolatry,  witch- 
craft, man-stealing,  the  cursing  and  smit- 
ing of  parents  by  children,  and  rebellion 


against  parents  by  sons,  are  omitted  ;  and 
incest  is  punished  by  whipping  and  setting 
on  the  gallows.  Formerly,  the  various 
crimes,  not  capital,  were  punished  by  brand- 
ing, cropping,  setting  in  the  pillory,  whip- 
ping, fine  and  imprisonment.  In  1787,  the 
punishment  of  almost  all  crimes  by  im- 

Rrisonment  in  new-gate  was  introduced. 
i  the  present  code,  the  object  has  been  to 
describe  and  define,  as  far  as  practicable, 
every  act  for  which  a  man  is  liable  to 
punishment,  though  some  offences  are  un- 
avoidably left  to  be  punished  at  common 
law;  and  to  proportion  the  punishment 
according  to  the  nature  and  grade  of  the 
crime,  so  that  every  man  may  know  when 
he  violates  the  law,  and  what  punishment 
he  is  liable  to  suffer  for  it.  All  punishments 
that  fix  a  lasting  stigma  on  the  person  of 
the  offender,  except  whipping  for  theft, 
have  been  abolished  ;  but  as  this  shameful 
punishment  is  peculiarly  adapted  to  the 
meanness  of  this  prevalent  crime,  it  was 
thought  best  to  retain  it.  The  experience 
of  this  state  has  shewn,  not  only  that  mild 
punishments  are  better  calculated  to  pre- 
vent crimes,  than  those  which  are  sangui- 
nary ;  but  that  punishments  must  be  at- 
tended with  considerable  severity,  to  ope- 
rate as  examples  to  others  :  and  the  dread 
of  the  caverns  of  new-gate,  has  produced 
a  much  more  powerful  and  salutary  effect, 
than  the  humane  regulations,  adopted  in 
some  penitentiaries,  for  the  benevolent 
purpose  of  reforming  offenders. 


' 


TITLE  23.    Deaths. 
An  Act  concerning  sudden  or  untimely  Deaths. 

B  B  E  it  enacted  by  the  Senate  and  House  of  Rep- 

SECT.   1.      r\  ...          •/-<-  i/i  »i  j 

JL9  resentatives,  in  Lrenerai  Assembly  convened, 

That  when  any  person  shall  come  to  asudden,  untimely,  or 

unnatural  death  ;  or  be  found  dead,  the  manner  of  whose 

death  is  not  known  ;  any  justice  of  the  peace,  or  if  there  when  and  how 

be  none  in   the  town,  any  constable  of  the  town,  shall  summoned. 

forthwith  summon  a  jury  of  twelve  judicious  men,   who 

shall  be  sworn  by  such  officer,   to   enquire  of  tlie  cause. 

and  of  the  manner,  of  the  death  of  such   person,  and 

shall  present,   on  oath,  a  true   verdict  thereof,  under 

their  hands,  to  some  justice  of  the  peace,  who  shall  re- 

turn the  same  to  the  next  superior  court  in  the  county  : 

and  no  fee  shall  be  allowed  for  any  of  the  services  afore- 

mid. 

23 


178 


Title  24.     Divorce. 


Penalty  on  SECT.  2.  And  if  any  person,  summoned  to   serve  as  a 

juror  for  neg-  juror  as  aforesaid,  shall  refuse  or  neglect  to  appear,  and 
"perform  that  service,  he  shall  forfeit  the  sum  of  two  dol- 
lars, to  the  treasury  of  the  town  to  which  he  belongs. 

TITLE  24.  Divorce. 


An  Act  authorising  the  superior  court  to  grant 
Divorces. 


SECT.    1. 


BE  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives, in  General  Assembly  convened. 
iJivorces,  in      That  the   superior  court  shall  have  power  to   grant  di- 
to  vorces  to  any  man  or  woman,  lawfully  married,  lor  adul- 
tery ;    fraudulent  contract  ;  wilful    desertion    for   three 
years,  with  total   neglect  of  duty,  by   the  other  party ; 
or  in  case  of  seven  years'  absence  of  one  party,  not  heard 
of.(l) 

SECT.  2.  The  party  aggrieved  may  prefer  a  petition  to 
the  superior  court,  which  shall  be  duly  served  on  the 
other  party ;  and  on  due  proof  of  the  facts,  said  court 
may  grant  a  divorce,  and  declare  the  petitioner  to  be  sin- 
gle and  unmarried,  who  may  then  lawfully  marry,  or  be 
married,  again. 

SECT.  3.  In  every  petition  for  a  divorce,  returned  to 
the  superior  court,  if  it  shall  not  appear,  by  the  return  of 
the  officer,  or  otherwise,  that  the  respondent  has  had 
actual  notice,  the  court  shall  continue  the  cause  until 
the  next  term,  to  the  intent  that  actual  notice  may  be 
given  :  and  when  the  respondent  lives  out  of  the  state, 
aud  actual  notice  can  be  given,  it  shall  be  lawful  for 
any  judge  of  the  superior  court,  in  vacation,  to  prescribe 
the  mode  in  which  the  same  shall  be  given  :  and  such 
notice  having  been  given  accordingly,  at  least  six  weeks 
before  the  sitting  of  the  court,  to  which  the  petition  is 


be  granted. 


Petition  and 
service. 


Mode  of  giv- 
ing notice,  in 
certain  cases. 


(1)  A  statute  permitting  divorces  for 
the  same  reasons  as  the  present,  was  pas- 
sed at  an  early  period  ;  as  it  appears  in 
the  revision  of  1702.  At  this  time,  di- 
vorces were  not  granted  in  any  Christian 
country,  on  such  grounds ;  and  it  was  gen- 
erally understood,  that  the  precept  of  our 
Saviour  prohibited  divorces  in  all  cases, 
except  for  the  single  cause  of  adultery. 
As  the  fr&uicrs  of  this  statute  regarded,  in 
the  strictest  manner,  the  authority  "of  the 
sacred  scriptures,  and  would  not,  on  any 
consideration,  have  passed  a  law,  which 
they  considered  to  be  repugnant  to  a  di- 
vi  te  precepi,  it  is  evident,  that  they  very 
properly  considered  marriage  to  be  mere- 


ly a  civil  contract,  and  that  the  remark 
of  our  Saviour  was  only  intended  to  con- 
demn the  practice  of  the  Jews  in  per- 
mitting divorces  at  the  pleasure  of  the 
husband ;  and  not  to  prohibit  a  legislature 
from  making  such  laws  as  the  interest 
of  society  required,  relating  to  the  surject 
of  marriage  and  divorce.  That  this  stat- 
ute is  not  repugnant  to  the  law  of  God,  or 
the  best  interests  of  the  community,  is 
evident,  from  the  consideration,  that  there 
is  in  no  country  more  conjugal  purity  smd 
felicity  than  in  this,  aud  no  where  has  the 
Christian  religion  a  greater  influence  anr) 
ascendency. 


Title  25.     Dogs.  179 

returnable,  such  court,  on  due  proof  thereof,  may,  if  they 
judge  it  proper,  proceed  to  a  trial  of  the  cause,  at  the 
first  term.  If  the  respondent  be  absent  out  of  the  state, 
and  cannot  be  served  with  actual  notice,  without  great 
expence,  the  pendency  of  such  petition  shall  be  pub- 
lished in  two  or  more  newspapers  in  this  state,  im- 
mediately after  the  rising  of  such  court,  six  weeks 
successively.  And  if  the  petitioner  shall  have  removed 
from  any  other  state  or  nation,  to  this  state,  and  shall  not 
have  statedly  resided  in  this  state,  three  years  next  be- 
fore the  date  of  said  petition,  he  or  she  shall  take  nothing 
by  the  petition,  unless  the  cause  of  divorce  shall  have 
arisen  subsequent  to  his  or  her  removal  into  this  state. 
And  in  every  case,  where  the  petitioner  coming  to  reside 
in  this  state,  shall  have  left  his  or  her  consort  in  any 
other  state  or  nation,  actual  notice  of  the  pendency  of 
such  petition,  shall  be  given  to  the  respondent,  by  the 
reading  of  the  petition  in  his  or  her  hearing,  which  shall 
be  proved  by  the  oath  of  the  person  reading  the  same, 
administered  by  proper  authority.  And  if  the  respon- 
dent, so  notified,  shall  not  appear  in  the  cause,  at  the 
term  to  which  the  petition  is  returnable,  the  court  shall 
continue  the  petition  to  the  next  term. 

SECT.   4.  The  superior  court  shall  have  power  to  as-  Alimony, 
sign  to  any  woman,  so  divorced,  such  reasoaable  part  of 
the  estate  of  her  late  husband,  as  in  their  discretion,  the 
circumstances  of  the  estate    will   admit,   not  exceeding 
one  third  part  thereof. 

TITLE  25.     Dogs. 
An  Act  for  preventing  mischief  by  Dogs. 

.     tJE  it  enacted  by  the  Senate  and  House  of  Rep - 
-U  resentatives,  in  General  Assembly  convened, 
That  any  two  justices  of  the  peace,  in  any  town,  may  Two  justices 
make  all  necessary  rules,  orders  and  regulations,  when-  ofthe  P«ace 
ever  they  shall  judge  the  inhabitants  of  the  state,  or  their  S"^^ 
property,  shall  be  in  danger,  for  the  confining,  restraining,  ting^to  dogs ; 
killing,  or  destroying  of  dogs,  belonging  to,  or  found  in 
their  respective  towns,  as  they  shall  judge  reasonable,  for 
the  effectual  security  of  such  inhabitants,  or  their  prop- 
erty ;  and  such  rules,   orders,  or  regulations,   shall  be 
published,  and  a  notification  of  the  same  set  up  in  writ-  *«  be  publish- 
ing, in  three  of  the  most  public  places   in  such  town, 
wherein  the  same  shall  be  made,  and  not  less  than  one, 
in  each  school  society  therein.     And  when  such  rules,  and  obeyed. 
orders,  or  regulations  shall  be  so  made  and  published,  aH 


180  Title  26.     Dower. 

persons  shall  conform  thereto ;  and  if  any  person  shall 
violate,  or  offend  against,  any  of  such  rules,  orders,  or 
Penalty.  regulations,  he  shall  forfeit  and  pay  the  sum  of  seven  dol- 

lars, one  half  to  him  who  shall  sue  for  and  prosecute  the 
same  to  effect,  and  the  other  half  to  the  treasury  of  the 
town,  in  which  such  offence  shall  be  committed  ;  and  all 
What  dogs        dogs,  which  shall  not  be  confined  and  restrained  agreea- 
may  be  killed,  bly  to  such  rules  and  orders,  so  made  and  published,  may 
be  killed,  by  any  person  whosoever.     But  nothing  in  this 
Proviso.  act  shall  be  construed  to  prevent  any  person  from  killing 

any  dog  found  mad,  or  justly  suspected  to  be  mad,  or  that 
shall  be  found  doing  mischief,  or  attempting  to  do  the 
same,  when  alone,  out  of  the  possession  of  his  owner, 
and  distant  from  the  care  and  control  of  any  person,  hav- 
ing the  charge  of  such  dog. 

Does  to  wear        SECT.  2.  Every  dog  permitted  to  go  at  large,  shall 

collars,  or  may  wear  a  collar,  with  the  name  of  the  owner  of  such  dog, 

)e  K1  e  •          and  the  place  of  the  residence  of  such  owner,  at  large 

and  legible  thereon  ;  and  if  any  dog  shall  be  found  at 

large,  with,  or  without,  the  permission  of  his  owner,  not 

wearing  such  collar,  such  dog  may  be  killed. 

Owners  of  SECT.  3.    Whenever  any  dog   shall  do   any  damage, 

dogs  to  pay       either  to  the  body,  or  property  of  any  person,  the  owner 

bylthem!    °  ^  or  keeper,  or  the  parent,   guardian,  or  master  of  any 

such  owner  or  keeper,  as  may  be  a  minor,  or  servant^ 

shall  pay  such  damages,  as  any  person  may  have  sustained 

c  by  such  dog. 

TITLE  26.     Dower. 
An  Act  providing  Dower  for  Widows. 

IfrE  it  enacted  by  the  Senate  and  House  of  Rep- 
CT*    "    MJ  resentatives,  in  General  Assembly  convened, 
Who  shall  be    That  every  married  woman,  living  with  her  husband,  al 
entitled  to        the  time  of  his  death  :  or  absent  from  him,  by  his  consent, 
dower.  or  ^v  j^g  defauit,  or  by  inevitable  accident ;  or  in  case  of 

divorce,  where  she  is  the  innocent  party,  and  no  part  of 
the  estate  of  her  husband  was  assigned  to  her,  for  her 
support ;  shall  have  right  of  dower  in  one  third  part 
of  the  real  estate,  of  which  her  husband  died  posses- 
sed, in  his  own  right,  to  be  to  her  during  her  natural  life  ; 
unless  a  suitable  provision  was  made  for  her  support,  be- 
fore the  marriage,  by  way  of  jointure.(l) 

(1)  This  provision  of  dower  for  widows  one  third  of  the  real  estate,  of  which  the 
was  adopted  as  eariy  as  the  revision  of  husband  was  seised  during  the  coverture 
1672.  The  common  law  gives  the  wife  But  as  such  a  lien  may  often  be  a  restrain* 


Title  26.     Dower.  181 

SECT.  2.  It  shall  be  the  duty  of  the  heirs,  or  persons  How  to  be  set 
entitled  to  said  estate,  within  sixty  days  after  the  death  out 
of  the  husband,  to  apply  to  the  court  of  probate,  in  the 
district  where  the  will  of  the  deceased  was  proved,  01 
administration  on  his  estate  granted,  to  have  dower  as- 
signed to  the  widow  ;  and  such  court  shall  appoint  three 
sufficient  freeholders  of  the  county,  who,  on  being  duly 
sworn,  shall  set  out  to  the  widow  her  dcwer  or  thirds,  in 
the  estate  of  her  deceased  husband ;  and  in  case  the  heirs, 
or  persons  entitled  to  the  estate,  shall  neglect  to  have 
dower  assigned  as  aforesaid,  then,  on  complaint  of  the 
widow,  to  such  court  of  probate,  said  court  shall  appoint 
three  sufficient  freeholders  of  the  county,  who,  on  being 
duly  sworn,  shall  set  out  and  assign  to  auch  widow,  her 
dower  or  thirds  in  the  real  estate  of  her  deceased  hus- 
band ;  and  in  either  case,  the  return  of  the  doings  of  such 
freeholders  to  the  court  of  probate,  and  by  said  court  ac- 
cepted, shall  ascertain  and  establish  such  dower  •,  and  all 
persons  concerned  shall  be  concluded  thereby. 

SECT.  3.  Every  widow  shall  maintain  and  keep  in  re-  Ten    t . 
pair,  the  houses,  buildings,  fences  and  lands  assigned  and  dower  to  keep 
set  out  to  her,  for  her  dower,  and  shall  leave  the  same  in  estate  in  re- 
good  and  sufficient  repair  ;  and  on  her  neglect,  the  heirs  Pair> 
or  persons  entitled  to  the  land,  on  her  decease,  may  make 
complaint  and  application  to  the  county  court  where  the 
lands  lie  ;  who  shall  order  so  much  ofthe  houses  and  lands 
to  be  delivered  to  the  next  heir  or  person  owning  the 
game,  for  so  long  a  term  as,  in  their  judgment,  shall  be 
sufficient,  out  of  the  rents  and  profits,  to  repair  such  de- 
fects ;  unless  said  widow  will  give  good  security  that  she 
will  leave  such  houses,  buildings  and  fences  in  sufficient 
repair.  *•    ,  . 

SECT.  4.  When  any  testator,  by  his  last  will  and  testa-  fivi^owmust 
ment,  shall  devise  or  bequeath  any  estate,  real  or  person-  gi^e  notice  of 
al,  or  any  pecuniary  legacy  to  his  widow,  in  lieu  of  dower,  refusal  to  ac- 
she  shall,  within  two  months  next  after  the  time  limited 
by  the  court  of  probate  for  the  exhibition  of  claims  against 
such  estate,  give  notice,  in  writing,  to  the  court  of  pro- 
bate before  which  such  will  may  be  proved  and  approv- 
ed, that  she  declines  to  accept  such  legacy  or  devise ; 
and  if  she  fail  to  give  such  notice,  she  shall  be  barred  of 
her  dower,  and  such  devise  or  legacy,  shall  be  assigned 
to  her  in  lieu  thereof. 

SECT.  5.  If  any  woman,  prior  to,  and  in  contemplation  jointure 
of  marriage,  shall,  on  an  agreement  with  her  intended 

upon  that  free  transfer  of  property,  which  confine  the  dower  of  the  widow  to  the 
the  interest  of  the  community  requires,  it  lands  of  which  the  husband  died  possessed, 
was  a  valuable  improvement  of  the  law  to 


1 82  Title  27.     Duties. 

husband,  or  other  person,  receive  an  estate,  either  real 
or  personal,  to  take  effect  after  the  death  of  her  husband, 
by  way  of  jointure,  as  a  P/ovisio^tonher  support  during 
life,  and  expressed  to  be  in  fulfantfoischarge  of  all  claim 
for  dower,  such  estate  shall  be  valid,  and  a  bar  to  dower 
in  the  estate  of  her  husband  :  Provided,  however,  if  the 
title  to  the  estate,  settled  on  the  wife  as  her  jointure, 
shall  fail,  she  shall  then  be  entitled  to  dower  in  the  estate 
of  her  husband  ;  or  if  the  title  should  fail  to  any  part  of 
it,  then  the  deficiency  shall  be  made  up  6ut  of  her  hus- 
band's estate,  if  it  shall  not  exceed  one  third  of  the  val- 
ue thereof. 

TITLE  27.     Duties. 

An  Act  providing  for  the  laying  and  collecting 
of  Duties  in  certain  cases  therein  mentioned. 

j      •  jE  it  enacted  by  the  Senate  and  House  of  Rep- 

(  '   JLP  resentatives.,  in  General  Assembly  convened, 

Duties  laid  on  That  there  be  laid  and  paid  the  following  duties,  to  wit  : 

count   Mid0     on  a^  wr^s  or  petitions,   returnable  for  trial  before  any 

city  courts;       county  court  or  city  court,  thirty-four  cents,  to  be  paid 

\  to  the  authority  who  shall  sign  the  same,  at  the  time  of 

V ^-—  signing  ;  on  all  writs  or  petitions  returnable  for  trial  be- 

superior  fore  the  superior  court,  one  dollar,  payable  as  aforesaid  ; 

court ;  on  a]j  writs  or  petitions,  returnable  for  trial  before  the 

court  of  errors;  supreme  court  of  errors,  two  dollars,  payable  as  afore- 
said ;  on  all  petitions,  of  an  adversary  nature,  returna- 
general  assem-  ble  to  the  general  assembly,  two  dollars,  payable  to  the 
bl"V'  (*L~t<)  authority  signing  the  citation,  who  shall  certify  the  same 
^jf-M)  thereon  ;  on  all  appeals  from  the  judgment  of  a  justice  of 
on  appesfs/i.  the  peace,  or  mayor,  or  alderman,  fifty  cents,  payable  to 
fromjustice,  such  justice,  mayor,  or  alderman,  at  the  time  of  granting 
mayor,  rc.  ga|j  appeaj .  on  ajj  appeals  from  a  judgment  of  a  county 
from  county  court,  or  city  court,  one  dollar ;  and  on  all  continuances 
or  city  court ;  .Q  t^e  coun^v  courtSi  Or  city  courts,  thirteen  cents,  and  in 
on  continuan-  the  superior  court,  twenty-five  cents,  payable  to  the 
city10and'su^ '  clerks  °f  sucn  courts,  respectively,  at  the  time  of  granting 
perior  courts,  the  same. 

On  licences  to  SECT.  2.  On  every  licence  granted  to  a  retailer  of  spir- 
retailers  of  itous  liquors,  there  shall  be  paid  by  him,  to  the  clerk  of 
liquors.  the  board  of  civil  authority,  of  any  town,  granting  the 

same,  in  conformity  to  the  "  act  to  regulate  the  selling  of 
spiritous  liquors,"  a  sum  at  the  rate  of  five  dollars  per  an- 
num, to  be  computed  from  the  date  of  said  licence,  to 
the  second  Monday  of  January  then  next. 


Title  27.     Duties.  183 

SECT.  3.  There  shall  be  levied,  collected  and  paid,  On  sales  at 
up.'  all  sales,  by  wa)  of  auction,  of  goods,  wares,  or  mer-  a 
chandize,  of  foreign  growth,  produce,  or  manufacture, 
two  per  cent  of  the  purchase  money  arising  by  sale  at 
auction,  of  such  goods,  wares,  or  merchandize,  to  be  paid 
by  the  auctioneer,  or  person  making  such  sales  at  auc- 
tion, out  of  the  monies  arising  from  each  and  every  such 
sale,  to  the  clerk  of  the  civil  authority  of  the  town  in 
which  such  sales  are  made,  and  by  whom  a  licence  there 
for  shall  be  granted,  in  conformity  to  the  "  act  imposing 
a  duty  on  sales  at  auction  in  certain  cases." 

SECT.  4.  All  persons  authorized,  by  law,  to  receive  Receivers  of 
duties,  shall,  annually,  in  the  month  of  May,  and  before  duties  to  ac- 
or  on  the  tenth  day  of  said  month,  render  an  account  of  JJJJ^JJ**™ 
all  duties  by  them  received  as  aforesaid,  (except  the  duties 
on  appeals  and  continuances,  received  ,by  the  clerks  of 
the  county  courts,)  and  pay  over  the  same  to  the  treasur- 
er of  the  state  ;  and  the  persons  rendering  an  account  of 
duties  received  by  them,  on  civil  process,  as  aforesaid, 
shall  specify  the  number  of  writs,  or  petitions,  and  the 
number  of  appeals  on  which  the  same  shall  have  been 
received;    and  the  clerks  of  the   civil   authority   shall 
return  to  the  said  treasurer  the  number  of  licences  for 
retailing  spiritous  liquors,  on  which  they,  respectively, 
shall  have  received  a  duty,  and  the  amount  of  duty  re- 
ceived on  each  licence  ;  and  also,  the  amount  of  duties 
received  by  them,  respectively,  on  sales  at  auction,  from 
whom  received,  and  how  much  from  each  person.    And  Theircommis- 
each  person,  so  accounting  with  the  treasurer,  shall  be  3i0n. 
entitled  to  a  drawback  of  five  percent,  on  all  duties  or 
monies,  by  him  so  accounted  for,  and  paid  as  aforesaid, 
as  a  compensation  for  his  trouble  in  receiving  and  pay- 
ing over  the  same. 

SECT.  5.  It  shall  be  the  duty  of  every  sheriff,  deputy-  Return  oi 
sheriff,  constable,  or  indifferent  person,  who  shall  serve  a  writg. 
writ  or  process,  on  which  a  duty  shall  be  certified,  to  re-  _ 

turn  the  same  to  the  clerk  of  the  court  to  which  the  same  .   fo       /, 

is  made  returnable,  forty-eight  hours,  at  least,  before  the  "  'W^' 

commencement  of  the  session  of  such  court.  And  if  any 
such  writ  or  process  shall  not  be  so  returned,  within  the 
time  aforesaid,  the  person  who  served  the  same  shall  not 
be  entitled  to  any  fees  for  such  service  ;  but  the  court  to 
which  (he  same  is  returnable,  may,  at  (heir  discretion,  or- 
der the  same  to  be  entered  in  the  docket  of  said  court, 
any  time  during  the  three  fir?i  days  of  the  term.  And  if 
the  suit  shall  be  settled,  before  such  writ  is  returned,  the 
ofticer  shall,  if  he  knows  the  fact,  state  the  same,  on  some 
part  of  the  process ;  and  the  suits  so  slated  to  be  settled, 
"hall  Hot  be  entered  in  the  docket  of  said  court.  And 


184 


Title  27.     Duties. 


Clerks  of 

?ourt,8  to,  re" 
turn  to  the 

comptroller 
the  number  of 
writs  returned 


Officers  not 


hodng  their 
office  for  one 


Treasurer  to 
callupon 

ed  °or  his'ad-  ~ 
ministrator,  to 
account. 


Treasurer  to 
inform  against 
negligent 


No  writ  to  be 
valid,  unless 


Jefiind  dirties 
once  paid. 


the  clerks  of  the  city,  county,  and  superior  courts,  shall 

return  to  the  comptroller,  on  or  before  the  tenth  day  of 
•»  r  •  u  AUUI  *  •  • 

May,  in  each  year,  the  whole  number  ot  writs  or  peti- 
tions,  on  which  a  duty  is  certified,  that  shall,  in  any  pre- 
ce(jjng  year,  have  been  served  and  returned  to  their  re- 
spective offices,  together  with  the  names  of  the  authori- 
ty by  whom  signed,  and  the  number  signed  by  each  of 
said  authority. 

SECT.  6.  The  treasurer  shall,  on  or  before  the  twenty- 
fifth  day  of  May,  annually,  make  a  return  to  the  general 
assembly  of  all  said  accounts  rendered  to  him,  and  the 
names  of  such  of  the  civil  authority  as  shall  have  neglect- 
e<l  to  render  their  accounts  to  him  as  aforesaid  ;  and  also, 
the  names  of  the  towns  from  which  no  returns  shall  have 
been  made  to  him  of  duties  on  licences  to  retailers,  and 
on  sales  at  auction. 

SECT.  7.  If  any  of  the  aforesaid  officers  shall  fail  of 
rendering  ms  accounts  agreeably  to  this  act,  and  of  ma- 
king  payment  of  the  sums  that  shall  thereby  appear  due, 
on  or  before  the  tenth  day  of  May,  annually,  every  such 
officer,  so  in  default,  shall  be  incapable  of  holding,  orex- 
ercising,  the  office  by  means  whereof  he  became  a  re- 
ceiver  of  such  duties,  for  and  during  the  term  of  one 
year,  from  and  after  his  making  default  of  payment  as 
aforesaid. 

SECT.  8.  When  any  such  officer  shall  be  removed,  by 
death  or  otherwise,  or  shall  be  omitted  in  any  appor.t- 
ment,  on  account  of  his  not  having  rendered  his  account. 
and  made  payment  of  duties  as  aforesaid,  it  shall  be  the 
duty  of  the  treasurer  to  call  such  officer,  or  his  exe- 
cutors or  administrators,  to  account  for  such  duties  as 
may  be  or  remain  in  their  hands,  or  may  have  been  in 
the  hands  of  such  deceased,  at  the  time  of  his  death  ;  and 
the  cost,  if  any,  that  shall  arise  by  means  thereof,  shall  be 
paid  by  the  person,  or  the  executor  or  administrator. 
who  shall  have  neglected  to  make  such  return  of  pay- 
ment. 

SECT.  9.  If  any  clerk  of  the  superior,  county  or  city 
courts,  shall  neglect  to  comply  with  the  requirement  of 
tm's  act,  it  shall  be  the  duty  of  the  treasurer,  forth  w  ith, 
to  certify  the  same  to  the  presiding  judge  of  the  court,  to 
which  such  clerk  belongs. 

SECT.  10.  No  writ,  or  appeal  taken,  on  which  a  duty 
is  laid  as  aforesaid,  shall  be  valid  in  law.  unless  the  au- 
thority  signing  such  writ,  or  certifying  the  copies  in  si.ch 
appeal,  shall  certify  thereon,  in  words  at  full  length,  that 
the  duty  thereon  is  paid,  and  the  amount  thereof. 

SECT<  *  J  •  No  officer,  who,  by  this  act,  is  made  a  receiv- 
er  of  said  duties,  after  he  shall  have  signed  and  delivered 


Title  28.     Election,  185 


out  of  his  hands,  any  writ  or  other  process,  whereon  a 
duty  isvpayable,  shall  ever,  on  any  pretext,  or  under  any 
circumstances  whatever,  return  or  discount  the  duties, 
required  by  law,  to  be  paid  thereon. 

SECT.   12.  No  writ  or  process  on  which  a  duty  is  pay-  No  writ  to  ^ 
able,  that  has  once  been  completed  against  any  person,  altered,  after 
shall  afterwards  be  altered  into  a  writ  against  any  other  once  complet-' 
person,  without  a  further  certificate  of  Ihe  duty  having  ed' 
been  again  paid  thereon  ;  and  the  court  before  whom 
such  writ  shall  be  returned,  wherein  any  such  erasure  or 
alteration  shall  appear,  shall,  ex  officio,  abate  and  dismiss 
the  same,  and  shall  tax  costs  in  favor  of  the  defendant 
therein. 

SECT.   13.  All  monies,  which  may  be  received,  by  the  A    ro  riat-0>1 
clerks  of  the  several  county  courts,  for  duties  on  appeals  of  dnt£?a  ' 
and  continuances,  shall  by  them  be  paid  over  to  the  coun- 
ty treasurer,  of  the  county  in  which  they  shall  be  receiv- 
ed, to  defray  the  ordinary  expenses  of  the  several  coun- 
ties ;•  and  all  other  monies  that  shall  be  collected  from 
duties  as  aforesaid,  shall  be,  and  they  are  hereby  pledged 
and  appropriated  for  the  sole  use  of  supporting  the  civil 
government  of  the  state. 

TITLE  28.     Election. 
CHAP.  I. 

An  Act  regulating  the  election  of  Governor,  Lieu- 
tenant-Go vernor,  Senators,  members  of  the 
House  of  Representatives,  Treasurer,  and 
Secretary. 

^  ^  enactcd  ty  the  Senate  and  House  of  Rep- 
.          re.sentati~ccs,  in  General  Assembly  convened, 
That  the  constables  of  the  several  towns  in  the  state, 
shall  warn  the  electors  of  their  respective  towns  to  meet  Time  an<J 
on  the  first  Monday  of  April,  in  each  year,  at  the  usual  ^m^etings 
place  of  holding  elections  in  each  town,  at  nine  o'clock 
in  the  morning  of  said  day  ;  which  warning  shall  be  given  Warning,  how 
at  least  five  days  previous  to  said  meetings,  by  posting  given. 
notice  thereof  on  the  sign-posts  in  such  towns  respective- 
ly, and  in  such  other  places  as  they  deem  necessary  :  and 
every  town  is  authorised,  at  a  meeting,  when  special  notice 
has  been  given  for  that  purpose,  to  designate  the  place  of 
holding  electors'  meetings. 

SECT.  2.  The  town-clerk  and  select-men  in  the  several  Presiding  off- 
towns,  are  hereby  authorized,  if  they  deem  it  expedient,  cer,howde- 
to  designate  the  person  who  shall  preside  at  such  meet- 
24 


186 


Title  28.     Election. 


Representa- 
tives to  be  first 
chosen. 


Then,  ballots 
to  be  given  in 
for  senators. 


Mode  of  bal- 
loting. 


Election  of 
governor, 
lieutenant- 
governor, 
treasurer,  and 
secretary. 

Duplicate  lists 
of  votes  to  be 
made. 

Return  of 
votes,  how  to 
be  made. 


A  fair  list  of 
votes  to  be 
made  and  laid 
before  gen- 
eral assembly. 


Votes  for  sen- 
ators, &c.  to 
be  counted  in 
April. 


ings  of  the  electors ;  but  in  case  no  presiding  officer  is 
designated  by  the  town-clerk  and  select-men,  the  electors 
shall  choose  the  presiding  officer ;  in  which  choice  the 
town-clerk,  if  present,  and  in  his  absence,  the  oldest 
select-man  present,  shall  preside. 

SECT.  3.  The  electors  present  at  any  such  meeting, 
shall  first  proceed  to  choose  the  representative,  or  repre- 
sentatives, to  which  such  town  is  entitled  in  the  general 
assembly  next  ensuing  said  election. 

SECT.  4.  At  such  meetings  of  the  electors,  immedi- 
ately after  the  choice  of  representatives,  the  electors  shall 
be  called  upon,  by  the  presiding  officer,  to  bring  in  their 
ballots  for  senators  in  the  general  assembly  of  this  state, 
next  ensuing  said  election  ;  and  each  elector  present,  may 
thereupon  deliver  his  vote  or  suffrage,  for  a  number  of 
persons,  not  exceeding  twelve,  whom  he  would  choose 
senators,  with  the  names  written  on  one  piece  of  paper. 
After  the  votes  for  senators  are  given  in,  the  presiding 
officer  shall  call  upon  the  electors  to  bring  in  their  .votes 
for  the  persons  they  would  choose  governor,  lieutenant- 
governor,  treasurer,  and  secretary  of  the  state,  for  the 
year  ensuing  said  election,  in  the  order  above  named  : 
the  presiding  officer,  assisted  by  the  town-clerk  and  select- 
men, shall  count  the  votes,  and  declare  them  in  the  pub- 
lic meeting  of  the  electors  ;  and  shall  also  make  duplicate 
lists  of  the  votes  for  senators,  governor,  lieutenant-govern- 
or, treasurer,  and  secretary  ;  one  of  each  of  such  lists  of 
votes  shall  be  sealed  up,  by  the  presiding  officer,  directed 
to  the  secretary  of  this  state,  and  returned  to  the  secre- 
tary, or  to  the  sheriff  of  the  county  in  which  the  town  is 
situate,  within  ten  days  after  such  meeting,  and  the  other 
within  three  days  after  such  meeting,  shall  be  delivered 
to  the  town-clerk  :  each  sheriff  receiving  said  votes 
shall,  within  fifteen  days  after  said  meeting,  return  the 
same,  or  cause  them  to  be  returned,  to  the  secretary  of 
this  state.  The  votes  for  lieutenant-governor,  shall  be 
counted  by  the  same  persons  appointed  to  count  the  votes 
for  governor ;  and  a  fair  list  of  the  votes  for  lieutenant- 
governor,  treasurer  and  secretary,  shall  be  made,  by  the 
persons  authorized  to  receive  and  count  the  same;  and 
laid  before  the  general  assembly,  on  the  first  day  of  their 
session,  who  shall  declare  the  persons  elected  to  said 
offices  respectively.  And  it  shall  be  the  duty  of  the  se- 
cretary, to  give  notice  by  mail,  to  all  persons  chosen 
senators,  of  their  election,  immediately  after  their  elec- 
tion is  ascertained  and  declared.  The  votes  for  senators, 
lieutenant-governor,  treasurer  and  secretary,  shall  be 
counted  within  the  month  of  April,  in  each  year ;  and 
the  original  returns  of  all  votes,  made  by  the  presiding 


Title  28.     Election.  187 

officer,  shall  be  submitted  to  the  general  assembly,  on  the 

first  day  of  their  session.  In  election  of 

SECT.  5.   In  the  election  of  lieutenant-governor,  treas-  Keutenant- 
urer  and  secretary,  a  majority  of  the  votes  given  shall  be  freTsurer'  and 
necessary  to  constitute  a  choice ;  and  if  no  person  has  a  secretary, 
majority  of  votes  given  for  either  of  said  officers,  the  a  majority  of 
general  assembly  shall  proceed  to  fill  the  vacancy.  ™te9 

SECT.  6.  In  case  the  oftice  of  treasurer,  secretary,  or  Vacancy  in  of- 
comptroller,  become  vacant,  by  death  or  resignation,  the  fice  Of  treas- 
governor  shall  fill  the  vacancy,   unless  the  same  occurs  urer,  secretary 
during  the  session  of  the  general  assembly,  in  which  case,  j^(1  jC°m^tr^ 
they  shall  appoint  a  successor.  filled. 

SECT.  7.  The  presiding   officers   in   the  meetings  of  Presiding  offi- 
the   electors,  in  the  respectiv  e  towns  of  this  state,  shall  cers  *°  make 
make  out   the  certificates  of  the  votes  and  proceedings  votes.0* 
of  the  electors,  according  to  the  forms  hereafter  prescrib- 
ed ;  that  is  to  say,  of  the  votes  for  senators  in  the  general 
assembly,  as  follows,  to  wit : 

At  a  meeting  of  the  electors  in  the  town  of le-  Form  of  cer 

gaily  warned  and  held,  on   the  first  Monday  of  April,  ^tSat 

A.  D. the  following  persons  received  the  number  senators. 

of  votes  annexed  to  their  names  respectively,  for  senators 
in  the  next  general  assembly  of  this  state,  to  wit : 


Names. 


Number  of  votes,  in  words 
at  full  length. 


Duplicate  list  of  votes  for  senators. 

Certified  by  A.  B.  presiding  officer. 

Of  the  votes  for  governor,  as  follows,  to  wit  :  At  a  meet-  For  governor, 
ing  of  the  electors  in  the  town  of legally  warn- 
ed and  held,  on  the  first  Monday  of  April,  A.  D. the 

following  persons  received  the  number  of  votes  annex- 
ed to  their  names  respectively,  for  governor  of  this 
state,  to  wit 


Names. 


Number  of  votes  in  words 
at  full  length. 


Duplicate  list  of  votes  for  governor. 

Certified  by  A.  B.  presiding  officer. 
Of  the  votes  for  lieutenant-governor,  as  follows,  to  wit :  Forlieutenant- 

At  a  meeting  of  the  electors  in  the  town  of le-  governor. 

gaily  warned  and  held,  on  the  first  Monday  of  April,  A.  D. 
•     the   following  persons   received  the    number  of 


188 


Title  28.     Election. 


votes,  annexed  to  their  names  respectively,  lor  lieuten- 
ant-governor of  this  state,  to  wit : 

Names.  Number  of  votes  in  words 

at  full  length. 


Duplicate  list  of  votes  for  lieutenant-governor. 

Certified  by  A.  B.  presiding  officer. 
Per  treasurer.  Of  the  votes  for  treasurer,  as  follows,  to  wit :     At  a 

meeting  of  the  electors  in  the  town  of legally 

warned  and  held,  on  the  first  Monday  of  April,  A.D. 

the  following  persons  received  the  number  of  votes  an- 
nexed to  their  names  respectively,  for  treasurer  of  this 
state,  to  wit  : 

Names.  Number  of  votes  in  words 

at  full  length. 


Duplicate  list  of  votes  for  treasurer. 

Certified  by  A.  B.  presiding  officer. 

For  secretary.  Qf  the  votes  for  secretary  as  follows,  to  wit :  At  a  meet- 
ing of  the  electors  in  the  town  of legally  warn- 
ed and  held,  on  the  first  Monday  of  April,  A.  D. 

the  following  persons  received  the  number  of  votes  an- 
nexed to  their  names  respectively,  for  secretary  of  this 
gtate,  to  wit 


Namee. 


Number  of  votes  in  words 
at  full  length. 


Duplicate  list  of  votes  for  secretary. 

Certified  by  A.  B.  presiding  officer. 

wStoblfin-       SECT*  8*  The  presiding  officers,  in  making  out   said 
serted  in  certified  lists,  shall  insert  the  number  of  votes  for  each  per- 

wordsatfull      son  voted  for,- in  words  at  full  length. 
Formrf  su  SECT.  9.  The  superscription  on  each  of  said  certified 

8criptionS.Uper'  lists?  to  be  returned  to  the  secretary  of  this  state,  shall 
be  as  fellows,  to  wit  : 

To  the  secretary  of  this  state. 

Votes  of  the   electors  in  the   town   of for 

(here  insert  the  office.)  taken  and  sealed  up  by 

A.  B.  presiding  officer. 


Title  28.     Election.  1B9 


SECT.  10.  The  secretary  of  this  state,  for  the  time 
being,  shall  annually  transmit  blank  forms  for  the  return 
of  votes,  to  the  town-clerks  of  the  various  towns  in  this 
state,  for  the  use  of  said  towns. 

SECT.  11.  If.  any  person,  who  is  not  an  elector,  duly  Penalty  for  un- 
admitted and  sworn,  shall  give  in  a  vote,  in  the  election  duly  voting. 
of  any  of  the  members  of  the  general  assembly  ,  or  if  any 
elector  shall  put  in  more  than  one  vote  for  one  person,  at 
the  same  time,  to  one  office  ;  or  shall  put  in  more  than 
one  voto,  at  one  and  the  same  balloting,  for  a  represen- 
tative to  the  general  assembly  ;  he  shall  pay  a  fine  of 
seventeen  dollars,  to  the  treasury  of  the  state. 

SECT.  12.  If  any  person  shall  endeavor,  unduly,  to  per-  Undueinflu- 
suade  or  influence  an  elector,  in  giving  his  vote  or  suf-  ence  prohibit 
frage,  for  any  member  of  the  legislature,  or  for  any  per-  ed- 
son  to  be  elected  to  an  office,  at  an  electors'  meeting,  by 
offering  him  a  written   vote  or  votes,  for  that  purpose, 
without  being  first  thereto  requested,  he  shall  forfeit  seven  Penalty. 
dollars,  to  the  treasury  of  the  town. 

SECT.  13.  No  person  shall  offer,  accept  or  receive  any  Bribery  at 
money,  or  other  tiling,  by  way  of  gift,  fee  or  reward,  for  elections  pun  - 
giving,  or  refusing  to  give,  a  vote  or  suffrage  for  electing  13ned- 
members  of  the  general  assembly,  or  any  officer  chosen 
at  an  electors'  meeting;  nor  promise,  procure,  or  in  any 
way,  confer  any  gratuity,  reward,  or  preferment,  for  any 
vote  given,  or  to  be  given,  in  any  election  ;  and  every  per- 
son, so  offending,  shall  forfeit  the  sum  of  seventeen  dol-  penajt 
lars,  one  half  to  him  who  shall  prosecute  to  effect,  and  the 
other  half  to  the  treasury  of  the  town  where  the  offence 
is  committed  :  and  every  person  who  shall  be  convicted  Second  of- 
a  second  time,  of  the  like  offence,  shall  be  disfranchised,  fence. 

SECT.  14.  Every  person,  elected  by  means  of  any  ille-  Elections,  ob 
gal  practice,  as  aforesaid,  shall  be  incapable  of  holding  a  tainedby  il- 
seat  in  the  general  assembly,  unless  he  can  shew,  to  the  J?|^  pra?: 
satisfaction  of  the  general  assembly,  that  he  was  not,  di- 
rectly, or  indirectly,  concerned  in  it.     And  if  any  person,  \vhat  acts 
who  is  elected  a   representative  of  any  town,  shall,  by  shall  amount 
himself,  or  any  other  person,  offer  or  distribute,  gratuit-  to  undue  influ- 
ously,  among  the  electors,  any  spiritous  liquors,  on  the  ence' 
day  of  their  meeting  for  the  choice  of  representatives, 
eitherbefore  or  after  he  shall  be  chosen  ;  or  shall,  on  any 
previous  day,  entertain  the  electors,  in  like  manner,  with 
the  evident  intent  to  procure  the  votes  of  said  electors  ; 
he  shall  be  considered  as  guilty  of  undue  influence,  and 
illegal  practice,  within  the  meaning  of  this  act,  and  for- 
feit his  seat  in  the  house  of  representatives. 

SECT.  15.  If  any  person  or  persons  shall,  inanyelec-  Disturbance 
tors'  meeting,  by  noise,  tumult,  quarelling,  or  by  any  unlaw-  prohibited. 
ful  act,  disturb  such  meeting  ;  or  shall  vilify  or  abuse 


190 


Title  28.     Election. 


Penalty. 


Binding  over. 


Duty  of  infor- 
ming officers. 


Mode  of  vot- 
ing. 


Civil  authori- 
ty to  assist 
presiding  offi- 


the  presiding  officer,  or  interrupt  him  in  the  discharge  of 
his  duty ;  or,  after  he  has  commanded  silence,  shall 
speak,  to  the  disturbance  of  the  business  of  such  meeting  •» 
every  person,  so  offending,  shall  pay  a  fine  not  less  than 
one  dollar,  nor  exceeding  seven  dollars,  to  the  treasury 
of  the  town,  according  to  the  nature  of  the  offence,  to  be 
heard  and  determined  by  a  justice  of  the  peace  ;  and  if 
such  offence  be  aggravated,  by  any  high-handed  violence, 
or  breach  of  the  peace,  such  justice  of  the  peace  shall 
bind  the  offender  or  offenders,  to  the  next  county  court,  to 
answer  for  such  offence  ;  which  court  may  impose  a  fine, 
according  to  the  aggravation  of  the  offence,  not  exceed- 
ing thirty-four  dollars,  to  the  treasury  of  the  county. 
And  it  shall  be  the  duty  of  all  informing  officers,  to  en- 
quire after,  and  make  due  presentment  of  all  breaches 
of  this  act. 

SECT.  16.  The  select-men  of  the  several  towns  shall 
procure,  for  the  use  of  the  electors,  at  their  meetings,  a 
ballot-box,  with  an  aperture  in  the  lid  thereof,  for  the 
purpose  of  receiving  the  votes  of  the  electors,  in  all  ca- 
ses in  which  they  are  required  by  law  to  give  in  their 
ballots  ;  which  box  the  presiding  officer,  at  any  electors' 
meeting,  when  it  shall  be  needed,  shall  place  before  him, 
in  a  situation  convenient  for  the  electors  to  have  access 
to  :  and  whenever  the  electors  shall  be  called  upon  to 
give  in  their  votes,  for  any  officer  or  officers,  with  his  or 
their  names  fairly  written,  they  shall,  under  the  direction 
of  the  presiding  officer,  proceed,  in  regular  succession, 
and  shall  lay  their  ballots,  successively,  on  the  lid  of  said 
box  ;  and  the  presiding  officer,  being  satisfied  that  the 
ballots  given  in,  are  single,  shall  put  them  into  the  box 
through  said  aperture;  and  the  votes  so  taken,  shall  be 
disposed  of  as  the  case,  may  require,  and  as  the  law  di- 
rects. 

SECT.  17.  It  shall  be  the  duty  of  the  civil  authority, 
present  in  any  electors'  meeting,  to  assist  the  presiding  of- 
ficer in  the  business  of  the  meeting,  in  the  receiving, 
entering,  and  disposing  of  the  votes,  and  making  out 
the  proper  certificates,  according  to  law. 

CHAP.  II. 


v  acancy  in 
senate  of 


An  Act  regulating  the  election  of  Senators  and 
Representatives,  for  this  State,  in  the  Congress 
of  the  United  States. 

TjE  it  enacted  by  the  Senate  and  Hoitse  of  Rep - 

fjresentatives,  in  General  Assembly  convened, 

That  whenever  any  vacancy  shall  happen  in  the  repre- 


Title  28.     Election.  191 

Dentation  of  this  state,  in  the  senate  of  the  United  States,  United  States, 
bv  the  expiration  of  the  term  of  service  of  a  senator,  or  how  filled' 
bv  resignation  or  otherwise,  the  general  assembly,  if  then 
in  session,  shall,  by  a  concurrent  vote  of  the  senate  and 
house  of  representatives,  proceed  to  fill  said  vacancy,  by 
a  new  election  ;  and  in  case  such  vacancy  shall  happen        r8 
in  the  recess  of  the  general  assembly,  the  governor  shall  how  filled! 
appoint  some  person  to  fill  the  same,  until  the  then  next 
meeting  of  the  general  assembly. 

SECT.  2.  The  electors  of  the  several  towns  in  this  state,  Election  of 
at  the  meetings  of  the  electors,  on  the  first  Monday  in  representa- 
April.  of  every  second  year  after  the  year  of  our  Lord,  tw«*incon- 
or,e  thousand  eight  hundred  and  twenty-one,  immediately  grest 
after  giving  in  their  votes  for  secretary,  shall  be  called 
upon,  by  the  presiding  officer,  to  bring  in  their  ballots 
for  seven  persons,  to  represent  this  state,  in  the  congress 
of  the  United  States ;  and  each  elector  present,  may 
thereupon  deliver  his  vote  or  suffrage  to  the  presiding 
officer,  for  a  number  of  persons,  not  exceeding  seven, 
whom  he  would  choose  to  represent  this  state,  in  the  con- 
gress of  the  United  States,  with  the  names  fairly  written 
on  one  piece  of  paper  :  the  presiding  officer,  assisted  by 
the  town-clerk  and  select-men,  shall  count  the  votes,  and 
declare  them  in  the  public  meetings  of  the  electors :  he 
shall  also  make  out,  and  certify,  duplicate  lists  of  the  ,  .  . 
persons  voted  for,  and  of  the  number  of  votes  given  for 
each  person ;  one  of  which  lists  shall  be  delivered  to  the 
town-clerk,  of  the  town  in  which  such  votes  shall  be  given, 
within  three  days  after  said  meetings  ;  and  the  other 
shall  be  delivered,  within  ten  days  after  said  meetings, 
under  seal,  either  to  the  secretary,  or  to  the  sheriff  of  the 
county  in  which  said  town  is  situate,  which  list  shall  be 
directed  to  the  secretary,  with  a  superscription  expres- 
sing the  purport  of  the  contents  thereof.  And  each 
sheriff  who  shall  receive  such  votes,  shall,  within  fifteen 
days  after  said  meetings,  deliver  them,  or  cause  them  to 
be  delivered,  to  the  secretary. 

SECT.  3.  The  treasurer,  secretary  and  comptroller  for  t;anvas8  of 
the  time  being,  shall  canvass  publicly,  within  the  month  of  votes. 
April,  1821,  and  once  in  two  years  thereafter,  the  votes 
returned  to  the  secretary,  as  aforesaid  :    the  seven  per- 
sons having  the  greatest  number  of  votes  for  representa- 
tives in  the  congress  of  the  United  States,  shall  be  de- 
clared to  be  elected.     The  original  returns  of  votes,  and  Report  to  the 
the  result  of  the  canvass,  shall  be  submitted  to  the  gener-  general  assem 
al  assembly,  on  the  eighth  day  of  their  session,  then  next  bly- 
following. 

SECT.  4.  When  any  vacancy  shall  happen  in  the  rep-  Vacancy,  how 
resentation  of  the  people  of  this  state,  in  the  congress  of  filled- 


192 


Title  28.     Election. 


Writ  of  elec- 
tion. 


Meeting  of 
the  electors. 


Presiding  offi- 
cer. 


His  duty. 


Canvass  of 
votes. 


Notice  to  be 
given   to  ptr- 
•oua  chosen. 


the  United  States,  the  person  administering  the  office  of 
governor  shall  make  out  writs  of  election,  under  his  hand, 
directed  to  either  constable  of  the  respective  towns  in 
this  state,  ordering  a  choice  to  fill  such  vacancy,  and  cause 
them  to  be  conveyed  to  the  sheriffs  of  the  respective 
counties,  who  shall  forthwith  transmit  said  writs  of  elec- 
tion to  the  constables  of  the  respective  towns,  according 
to  their  several  directions  ;  and  the  constables  aforesaid, 
on  receiving  the  same,  shall  warn  a  meeting  of  the  elec- 
tors, on  the  day  directed  in  said  writs,  which  day  shall  be 
the  same  throughout  this  state.  And  the  electors  having 
assembled,  pursuant  to  said  warnings,  a  presiding  officer 
of  each  meeting  shall  be  designated,  in  the  same  manner 
as  is  by  law  provided  for  the  appointment  of  presiding 
officers  of  the  annual  meetings  of  the  electors  in  April. 
And  each  elector  present  at  such  meetings,  may  give  in 
his  vote  for  one  or  more  person  or  persons,  as  may  be 
required  to  fill  such  vacancy,  his  or  their  name  or  names 
being  fairly  written  on  one  piece  of  paper  ;  and  the  presi- 
ding officer  shall  receive  such  votes,  and  with  the  assist- 
ance of  the  town-clerk  and  select-men,  count  and  declare 
the  same  in  the  public  meetings  of  the  electors  ;  he  shall 
also  make  out  and  certify  duplicate  lists  of  the  persons 
voted  for,  and  of  the  number  of  votes  given  for  each,  one 
of  which  lists  shall,  within  three  days  after  said  meetings, 
be  delivered  to  the  town-clerk  of  the  town  in  which  such 
votes  shall  be  given,  and  the  other  shall  be  certified,  seal- 
ed up  and  directed  to  the  secretary,  and  shall,  by  the  pre- 
siding officer,  be  returned  to  the  sheriff  of  the  county  in 
which  such  votes  shall  be  given,  or  to  the  secretary,  in 
the  same  way  and  manner,  and  within  the  same  time,  as  is 
provided  for  the  return  of  duplicate  lists  of  votes,  by  the 
second  section  of  this  act. 

SECT.  5.  The  treasurer,  secretary  and  comptroller, 
shall,  within  thirty  days  after  the  meetings  last  aforesaid, 
count  and  declare  the  votes  so  given  and  returned  as 
aforesaid,  in  the  same  way  as  is  provided  for  counting  and 
declaring  the  votes  given  for  persons  to  represent  this 
state  in  the  congress  of  the  United  States,  by  the  third 
section  of  this  act ;  and  the  person  or  persons  (r:s  n  ;iv 
be  required  to  fill  said  vacancy)  who  shali  have  the  great- 
est number  of  votes,  shall  be  declared  to  be  duly  elected. 
The  original  return  "of  the  votes  given  and  returr.^d  as 
aforesaid,  and  the  canvass,  shall,  within  ten  days  a/ier 
such  result  is  known,  be,  by  the  secretary,  submitted  to 
the  governor. 

SECT.  6.  It  shall  be  the  duty  of  the  secretary  to  give 
notice  to  all  persons,  chosen  sehJi.ors  a;;d  representa- 
tives, for  this  state,  in  the  congress  of  the  United  States, 


Title  28.     Election.  193 

in  either  manner  aforesaid,  within  ten  days  after  their 
election  is  legally  ascertained  and  declared  ;  and  unless  Persons  notifi- 
the  persons    so  notified  by  the  secretary,  shall  signify  ed,  to  signify 
their  acceptance  or  refusal  in   writing,  to  the  govern-  tance^^refu- 
or,  within    twenty  days   after  receiving  notice  of  such  sal  within  20 
choice,  they  shall  be  considered  as  refusing  the  same.  daJs- 

SKCT.  7.  The  presiding  officers  in  the  meetings  of  the  Certificates  of 
electors  in  the  respective  towns,  shall  make  out  the  cer-  votes- 
tificates  of  the  votes  and  proceedings  of  the  electors, 
in  the  election    of   persons  to    represent   tlTis  state  in 
the  congress    of   the   United  States,    according  to    the 
forms  hereafter  prescribed,  to  wit : 

At  a  meeting  of  the  electors  in  the  town  of Form  for 

legally  warned  and  held,  on  the  first  Monday  of  April,  resentatives 

A.  .D. the   following  persons    received  the    num- 

ber  of  votes  annexed  to  their  names  respectively,  for 
representatives  of  the  people  of  this  state,  in  the  con- 
gress of  the  United  States,  to  wit  : 


Names. 


Number  of  votes  in  words 
at  full  length. 


Duplicate  list  of  votes  for  representatives,  in  the  con- 
gress of  the  United  States. 

Certified  by  A.  B.  presiding  officer. 

And  of  the  votes  fora  representative  or  representa-  Incaseofwrif 
tives  in  congress,  pursuant  to  a  special  writ  of  election,  of  election, 
issued  by  the  governor,  as  follows,  to  wit  : 

At  a  meeting  of  the  electors  in  the  town  of — • 

legally  warned  and  held,  pursuant  to  a  special  writ  of 

election,   on   the day  of A.  D. 

the  following  persons  received  the  number  of  votes  an- 
nexed to  their  names  respectively,  to  be  a  representative 
of  the  people  of  this  state  in  the  congress  of  the  United 
States,  to  wit  : 


Names. 


Number  of  votes  in  words 
at  full  length. 


Duplicate  list  of  votes  for  a  representative  (or  repre- 
sentatives, as  the  case  may  be)  in  the  congress  of  the 
United  States. 

Certified  by  A.  B.  presiding  officer. 

SECT.  8.  The  presiding  officers,  in  making  out  said 
certified  lists,  shall  insert  the  number  of  votes  for  each 


194  Titled.     Electors. 

Number  of       person  voted  for,  in  words  at  full  length  ;  and  the  super- 
scriPtion  on  each  of  said  certified  lists,  to  be  returned  to 
the  secretary  of  this  state,  shall  be  as  follows,  to  wit  : 
,  To  the  secretary  of  this  state. 

Form  of  super-       Votes  of  the  electors  in  the  town  of for  rep- 

scription.  resentatives  (or  a  representative,  as  the  case  may  be)  of 
the  people  of  this  state,  in  the  congress  of  the  United 
States,  taken  and  sealed  up,  by  A.  B.  presiding  officer. 

TITLE  29.     Electors. 
An  Act  relative  to  the  admission  of  Electors, 

Town-clerk  X5^  ^  enacied  %  the  Senate  and  House  of  Rtp- 

and  select-men  »]  CT.  1.   JQ  rtsentatives,  in  General  Assembly  convened, 
meetUouThtin-  That  the  town-clerk,  and  select-men,  of  each  town  in 
day  next  pre-  this  state,  are   hereby  authorised  (if  they  deem  it  expe- 
ceding  first       dient  and  necessary)  Jto  meet  at   the  place  of  choosing 
April  ayt<>f  de-  representatives  and  state  officers  in  the  general  assembly, 
cideu'ponqual-  on  the  Thursday  next  preceding  the  first  Monday  of  April, 
ifications  of      jn  each  year,  at  nine  o'clock  in  the  morning  of  said  day. 
t0rrsP°Sed  eie°"  f°r  the  PurPose  °f  examining  and  deciding  upon  all  ap- 
plications to  be  admitted  to  the  privileges  of  electors. 
Notice  of  such       SECT.  2.  In  all  such  cases,  it  shall  be  the  duty  of  the 
meetings,  how  town-clerk  and  select-men,  to  cause  notice  of  suchmeet- 
o  be  given.      jQgg  ^Q  j^  gjven  {o  fae  inhabitants  of  the  town  where  such 
meetings  are  held,   by  posting  such  notice  on  the  public 
sign-posts  in  said  town,  or  by  publishing  the  same  in  some 
public  newspaper  printed   in  such  town,  which  notice 
shall  be  given  at  least  five  days  previous  to  such  meet- 
ings. 

Jown^ferk  SECT*  3>  Th.e  town-clerk  and  select-men  of  the  seve- 

anTsdect-men  ra^  towns  in  this  state,  shall  meet  together  on  the  first 
on  first  Mon-  Monday  of  April,  in  each  year,  at  nine  of  the  clock  in  the 
day   of  April,  morning  of  said  day,  at  the  place  of  holding  the  elections, 
for  the  purpose  of  receiving,  examining,  and  deciding  on 
all  applications  to  be  admitted  to  the  privilege  of  elec- 
tors ;  and  it  shall  be  the  duty  of  the  select-men  and  town- 
Their  duty  to  clerk,  to  make  a  certified  list  in  writing,  of  all  such  per- 
sons  as  are  judged  duly  qualified,  at  either  of  said  meet- 
ings ;  which  list  shall  be  delivered  to  the  town-clerk,  and 
-  recorded  in  the  records  of  the  town,  and  shall  be  suffi- 
fication.  cient  evidence  that  the  persons  contained  in  said  list,  re- 

spectively, possess  the  requisite  qualifications  for  electors 
Persons    found   of  this  state. 

q<ial*tt *d  ^  be  SECT»  4.  Every  person  found  qualified  as  aforesaid, 
tors%n taking  uPon  taking  the  oath  provided  for  electors,  shall  be  ad- 
the  oath.  initted  an  elector  of  this  state  ;  and  the  names  of  all  such 


Title  30.     Equity.  195 

electors  admitted  and  sworn  as  aforesaid,  shall  be  enrol-  Their  nameito 
led  by  the  town-clerk,  on  the  records  of  such  town. 

SECT.  5.  The  oath  provideed  for  electors,  may  be  ad- 
ministered at  either  of  said  meetings  of  the  town-clerk 
and  select-men,  by  any  person  authorized  to  administer 
oaths,  and  shall  be  as  follows,  to  wit  : 

You,  A.  B.  do  solemnly  swear,  (or  affirm,  as  the  case  Form  of  oatl1- 
may  be,)  that  you  will  be  true  and  faithful  to  the  state  of 
Connecticut,  and  the  constitution  and  government  there- 
of, as  a  free  and  independent  state,  and  to  the  constitu- 
tion of  the  United  States  ;  and  whensoever  you  shall  be 
called  to  give  your  vote  or  suffrage,  touching  any  matter 
which  concerns  this  state,  or  the  United  States,  you  shall 
give  it  as  you  shall  judge  will  conduce  to  the  best  good 
of  the  same,  without  respect  of  persons,  or  favor  of  any 
man  :  So  help  you  God. 

SECT.  6.  The  select-men  and  clerk  of  each  town  in  this 
state,  shall,  previous  to  entering  on  the  duty  of  examin- 
ers of  the  qualifications  of  electors,  take  the  following 
oath,  to  wit  : 

You  do  solemnly  swear,  (or  affirm,  as  the  case  may  be,)  Form  of  oatfo 
that  you  will  faithfully  discharge,  according  to  law,  the  for  examiners 
duties  of  the  office  of  examiners  of  the  qualifications  of  Jj,^11^0^ 
electors,  to  the  best  of  your  abilities  :  So  help  you  God.  tors, 

SECT.  7.  No  person,  who  claims  to  have  been  admit-  Electors     ad- 
ted  an  elector  in  any  other  town  in  this  state,   than  that  mitted  in  oth- 
in  which  he  shall  offer  to  vote,  shall  be  permitted  to  vote  er  towns,    to 
therein,  in  the  choice  of  representatives,  until  he  shall  ^ateTof  ^d" 
produce,  to  the  presiding  officer,  in  electors'  meeting,  a  mission. 
certificate  from  the  town-clerk  of  the  town  in  which  he 
was  admitted,  of  such  his  admission  ;  and  no  person  ad- 
mitted as  an  elector  in  any  town  in  this  state,   shall  be 
permitted  to  vote  in  the  choice  of  representatives,  in  any 
other  town,  until  he  shall  have  statedly  resided  therein, 
four  months,  at  least,  next  before  the  time  when  he  shall 
offer  to  vote  therein. 

TITLE  30.     Equity. 
An  Act  regulating  proceedings  in  Equity. 

-      IDE  it  enacted  by  the  Senate  and  House  of  Rep- 


_D  resentatives,  in  General  Assembly  convened, 
That   the  several   courts  having    jurisdiction    of    suits  Courts  of  equi- 
i_  L.L  f          !•/>'•  •  11    i  i    ty,  now  topro- 

brought  for  relief  in  equity,  shall  have  power  to  proceed  cjeed 
according  to  the  rules,  usage,  and  practice  in  courts  of 
equity  ;  and  shall  take  cognizance  of  matters    only  in 
which    adequate    relief  cannot  be  had  in  the    ordinary 


196  Title  30.     Equity. 

course  of  law.    They  shall  keep  records  of  their  proceed- 
ings ;  and  shall  have  power  to  enforce  their  decrees,  bj 
granting  execution  thereon  against  the  estate  or  person  of 
the  defendant,  or  in  any  other  manner  proper  for  a  court 
No  appeal.        of  equity  ;  and  no   appeal  shall  be  allowed  from  their 
Suits  in  equity,  sentences  or  decrees.     All  bills  or  petitions,  preferred  to 
howtobegerv-  a  court  of  equity,  shall  be  signed  by  the  party,  and  shall 
ed.  be  accompanied  with  a  summons,  signed  by  lawful  au- 

thority, notifying  the  defendant  or  respondent  to  appear 
before  the  court ;  and  shall  be  served,  by  some  proper 
officer,  on  the  defendant  or  respondent,  by  reading,  or 
by  leaving  a  true  and  attested  copy,  at  his  usual  place  of 
abode,  at  least  twelve  days  before  the  sitting  of  the  court. 
And  whenever  the  defendant  or  defendants,  named  in  the 
bill  or  petition,  shall  live  out  of  the  state,  the  court  to 
whom  the  same  is  preferred,  and  has  cognizance  there- 
of, or  either  judge  of  such  court,  in  vacation,  shall  have 
Order  of  no-  power  to  make  such  orders,  relative  to  the  notice  which 
tice>  shall  be  given,  as  they  shall  deem  reasonable  ;  and  such 

notice  having  been  given,  pursuant  to  the  order  of  such 
courts  respectively,  in  the  mode  prescribed,  and  duly 
proved  to  such  courts,  the  same  shall  be  sufficient  ser- 
vice ;  and  the  court  may  proceed  to  a  hearing  thereof, 
at  the  first  term,  if  they  shall  judge  proper. 

Finding  of  SECT.  2.  It  shall  be  the  duty  of  courts  of  equity,  to 

facts.  cause  the  facts,  on  which  they  found  their  decrees,  to  ap- 

pear on  the  record,  either  from  the  pleadings  or  decree. 
Power  to  pass  And  courts  of  equity  shall  have  power  to  pass  the  title  to 
title  to  land,    real  estate,  by  decree,  without  any  act  to  be  done  on  the 
part  of  the  defendant  or  defendants,  when,  in  their  judg- 
ment, it  shall  be  the  proper  mode  to  carry  the  decree 
into  effect  :  and  such  decree  having  been  recorded  in 
the  records  of  the  town  where  the  land  lies,  shall,  while 
in  force,  be  as  effectual  to  transfer  the  same,  as  the  deed 
of  the  defendant  or  defendants. 

Guardian  au-        SECT.  3.  When  any  minor  under  the  age  of  twenty-one 

thorized  to  ex-  years,  shall  be  interested  in  any  mortgaged,  or  other  real 

ecute  convey-  estate,  which,  in  equity,  ought  to  be  conveyed  to  any 

of  minorbehalf  otner  person  or  persons',  and  such  conveyance  is  decreed 

and  ordered,  by  the  court  having  cognizance  of  the  same, 

the  guardian  of  such  minor  is  hereby  authorized  and 

empowered   to   make   and   execute    such   conveyance, 

in  behalf  of  such  minor ;  which  conveyance,  so  made, 

shall  be  good  and  effectual  in  law.     And  the  said  court 

shall  have  power  to  enjoin  such  guardian  to  make  the 

same,  under  a  suitable  penalty. 

Sd^to^a11-1"  SECT«  4.  And  if  such  minor  have  no  guardian,  at  the 
point  Tguar-  time  °f  bringing  such  suit,  the  said  court  is  hereby  author- 
•iian.  ized  to  appoint  one  ;  and  the  guardian  so  appointed,  shall 


Title  30.     Equity.  197 

have  power  to  do  every  thing  in  behalf  of  such  minor, 

proper  for  his  defence  in  such  suit ;  and  for  carrying  the  His  powers. 

decree  of  the  court  therein,  into  effect. 

SECT.  5.  The.  superior  court  of  this  state  shall  be,  and  Superior 
they  are  hereby  authorized,  as  a  court  of  equity,  on  peti-  re"trth™takdl 
tion  brought  before  them,  to  authorize  and  direct  the  taking  SfdepwiSon!8 
of  depositions,  to  perpetuate  the  evidence  of  facts,  where  to  perpetuate 
no  suit  is  depending,  agreeably  to  the  rules  and  usages  in  testimony- 
chancery  proceedings  ;  which  depositions,  so  taken,  shall 
be  available  in  any  court  of  law  or  equity  in  this  state, 
in  the  same  manner  as  depositions  taken  during  the  pend- 
ency of  a  suit. 

SECT.  6.  Either  of  the  judges  of  the  superior  court,  A  judge  of  the 

shall  have  power,  on  motion,  to  grant  and  enforce  writs  8UP?no.r  court 

r  .    .         . . r  ,.  c  ,.  authorized  to 

of  injunction,  according  to  the  course  of  proceedings  in  grant  wrjts  of 

courts  of  equity,   in  all  cases  within  the  jurisdiction  of  injunction, 
the  superior  court,   arising  in  any  county  where  such 
court  shall  not  be  in  session.     And  all  writs  of  injunction 
shall  be  made   returnable  to  the  next  superior  court  in 
such  county,  which  court  may  proceed  therein   accord- 
ing  to  the  course   of  proceedings  in   equity.     And   no 
writs  of  injunction  shall  be  issued,  unless  the  facts  stated  Facts  to  be 
in  the  application  shall  be  supported  by  the  oath  of  the  2 
applicant,  or  some  indifferent  witness. 

SECT.  7.  The  chief  judges  of  the  several  county  courts,  Chief  judge  of 
in  all  cases  within  the  jurisdiction  of  such  courts,  arising  county  court 
in  the  counties   of  which  they  are  judges,  when  such  authorized  to 
courts  are.  not  in  session,  shall  have  power  to  grant  and  en-  *8  ° 

force  writs  of  injunction,  returnable  to  the  next  county 
court  in  such  county,  and  to  be  proceeded  with,  in  the 
same  manner,  and  on  the  same  principles,  as  in  cases  of 
writs  of  injunction,  issued  by  judges  of  the  superior 
court. 

SECT.  8.  The  party  aggrieved,  may  bring  a  writ  of  Writs  of  error. 
error,  from  the  determination  of  the  county  court,  to  the 
superior  court,  and  from  the  determination  of  the  supe- 
rior court,  to  the  supreme  court  of  errors,  in  all  cases, 
where  material  and  manifest  error  shall  appear  of  record, 
in  any  decree  passed  by  the  superior  or  county  court. 
And  courts  of  equity  shall  have  power  to  grant  new  trials  New  trial* 
for  new-discovered  evidence,   or  any  other  reasonable 
cause,  according  to  the  course  of  proceedings  in  equity. 

SECT.  9.  Courts  of  equity  may,  at  any  time,  permit  Amendments 
the  parties  to  amend  any  defect,  mistake,  or  informality 
in  bills,  petitions  or  pleadings,  in  any  suit  pending  before 
them,  on  the  payment  of  lawful  costs  to  the  other  party, 
at  the  discretion  of  the  court :  Provided,  that  the  plain- 
tiff may  amend  his  bill  within  the  three  first  days  of  the 
superior  court  to  which  it  is  returned,  without  costs  :  and 


198  Title  31     Escheats. 

in  all  cases  of  the  amendment  of  a  bill  or  petition,  the 
court  shall  grant  the  defendant  a  reasonable  time  to  make 
answer  thereto. 

Disclosure.  SECT.   10.  When  the  plaintiff,  in  a  bill  in  equity,  shall 

require  of  the  defendant  a  discovery  on  oath,  respecting 
the  matters  charged  in  the  bill,  the  disclosure  by  the  de- 
fendant shall  not  be  deemed  conclusive,  but  may  be  dis- 
proved, or  contradicted,  like  any  other  testimony,  ac- 
cording to  the  practice  in  courts  of  equity.  (1) 

(1)  According  to  the  former  practice,  the  1  Day,  156.     This  defeated  the  plaintiff  of 

disclosure  of  the  defendant  on  oath,  when  any  benefit,  in  calling  on  the  defendant  for 

called  upon  by  the  plaintiff,  was  held  to  be  a  disclosure.     To  remedy  this  inconven- 

conclusive,  and  could  not  be  questioned.  ience,  the  present  provision  was  introduced. 

TITLE  3  1.     Escheats. 

An  Act  relating  to  the  disposition  of  Escheats, 
and  other  property  belonging  to  the  state. 

T^E  it  enacted  by  the  Senate  and  House  of  Rep  - 
-U  resentatives,  in  General  Assembly  convened, 

When  no  own-  That  when  no  owner  or  heir  of  any  estate,  real  or  per- 
er  or  heir  ap-  sonal,  can  be  found,  the  same  shall  escheat,  and  belong 
pears,  estate  to  the  state  ;  and  it  shall  be  the  duty  of  judges  of  pro- 
to  esc  eat.  ^^  ^  mafce  ^ue  enquiry^  jn  their  respective  districts, 
after  such  estate,  and  to  secure  the  same  in  the  hands  of 
an  administrator,  appointed  for  that  purpose,  and  to  give 
quire.  notice  to  the  treasurer  of  the  state,  who  is  hereby  iinpow- 

ered  to  receive  it  from  such  administrator,  and  to  dis- 
charge him  therefrom. 

SECT.  2.  And  the  treasurer  shall  have  power  to  ap- 

a  "ointagenta  Point  agents  to  manage  and  take  care  of  all  property  that 

to  take  care  of  shall  escheat  to  the  state  ;  as  well  as  of  all  lands  or  other 

and  sell  pro-     property,  to  which  the  state  has  or  may  become  legally 

perty  escheat-  cntitled,  by  judgment  or  execution,  for  any  debt,  fine  or 

forfeiture,  or  in  any  other  way  whatever,  except  lands 

belonging  to  the  school  fund  :  and  such  agents  shall  have 

power  to  sell  and  dispose  of  such  property,  at  public  or 

private  sale,  or  on  credit,  on  such  terms  as  shall  be  ap- 

proved of  by  the  treasurer  :  who  is  hereby  authorized  to 

to  giye  deeds  ;  execute  any  deeds  or  conveyances,  proper  to  transfer 

the  same  ;  which  shall  be  good  and  effectual  :  and  the 

and  render  ac-  treasurer  shall  annually  render^n  account  to  the  general 

rount.  assembly  of  his  proceedings,  and  credit  the  avails  of  the 

sales  to  the  state  :  Provided,  that  if  any  heir  or  owner  of 

such  estate  shall  appear,  he  shall  be  entitled  to  the  same, 

or  if  sold,  to  the  avails  thereof,  after  deducting  the  ne- 

cessary expenses. 


en- 


Title   32.     Estates.  199 


TITLE  32.    Estates. 
CHAP.  I. 

An  Act  for  the  settlement  of  Estates,  testate, 
intestate,  and  insolvent. 

TJE  it  enacted  by  the,  Senate  and  House  of  Rcpre- 
%  * '  Jj  tentative*,  in  General  Assembly  convened,  That 
all  persons  of  the  age  of  twenty-one  years,  and  of  sound 
and  disposing  mind   and  memory,  shall  have  power  to  Of  real  estate : 
dispose  of  their  real  estate,  by  will  or  testament :  all  per- 
sons of  the  age  of  seventeen  years,  and  of  sound  anddis-  Of  personal 
posing  mind  and  memory,  shall  have  power  to  dispose  of  estate, 
their  personal  estate,  by  will  or  testament  :  and  married 
women  shall  have  power  to  dispose  of  their  estate,  both 
real  and  personal,  by  will,  in  the  same  manner  as  other 
persons. 

SECT.  2.  That  all  wills  shall   be  in  writing,  and  sub-  Wills  must  in- 
scribed by  the  testator  ;  and  no  devise  or  devises  of  real  m  writinS- 
estate,  contained  in  any  will  or  codicil,  shall  be  held  good 
and  valid,  unless  such  will  or  codicil  shall  be  subscribed  How  witness- 
by  the  testator,  and  attested  by  three  witnesses,  all  of  ed' 
them  subscribing  in  the  presence  of  the  testator. 

SECT.  3.  If  any  beneficial  devise,  legacy  or  interest  Deviste  or  lc^ 
hath  been,  or  shall  be,  made  or  given,  in  any  will  or  co-  Bribing ^vTt- 
dicil,  executed  after  the  first  day  of  January,  one  ness,  void. 
thousand  eight  hundred  and  eight,  to  any  person 
subscribing  such  will  or  codicil,  as  a  witness  to  the  ex- 
ecution thereof,  such  devise,  legacy,  or  interest,  shall, 
as  to  such  subscribing  witness,  and  all  persons  claim- 
ing under  him,be  null  and  void;  unless  such  will  or  codicilbe 
otherwise  duly  witnessed,  according  to  this  act :  and  such 
person  shall  be  admitted  as  a  witness  to  such  will  or  co- 
dicil, in  the  same  manner,  as  if  such  devise,  legacy  or 
interest  had  not  been  given.  Provided  such  devise,  le- 
gacy, or  interest  be  not  made  to  an  heir  at  law  of  the  tes- 
tator :  nor  shall  this  section  operate  as  to  wills  made  pri- 
or to  the  first  day  of  January,  one  thousand  eight  hundred 
and  eight. 

SECT.  4.  Whenever  a  devisee  or  legatee  in  any  last  j"  atTedVbe 
will  and  testament,  being  a  child  or  grand-child  of  the  tes-  fore  testator, 
tator,  shall  die  before  the  testator,  and  no  provision  shall  estate  shall  go 
be  made  for  such  contingency,  the  issue,  if  any  there  be,  tohis  keirs' 
of  such  devisee  or  legatee,  shall  taice  the  estate  devised 
or  bequeathed,  as  the  devisee  or  legatee  would  have  done, 
had  he  or  she  survived  the  testator ;  and  if  there  be  no 
sftch  issue,  at  the  time  of  the  testator's  death,  the  estate 


200 


Title  32.     Estates. 


Birth  of  child 
revocation  of 
a  will. 


Actual  revo- 
cation. 


Proof  out  of 
court 


Executor  to 
prove  the  will, 
or  refuse  the 
trust 


Penalty  for 
neglect 


On  refusal  of 
the  executor, 
an  administra- 
tor to  be  ap- 
pointed. 

Who  may  be 
appointed.. 


disposed  of  by  such  devise  or  legacy,  shall  be  considered 
and  treated  as  intestate  estate. 

SECT.  5.  If  after  the  making  of  a  last  will  and  testament, 
a  child  be  born  to  the  testator,  and  no  provision  be  made 
in  such  will  for  such  a  contingency,  such  birth  shall  oper- 
ate as  a  revocation  of  such  last  will  and  testament. 

SECT.  6.  No  devise  of  real  estate  shall  be  revoked,  oth- 
erwise than  by  burning,  cancelling,  tearing,  or  obliterating 
the  same,  by  the  testator  himself,  or  in  his  presence,  by 
his  direction  and  consent;  or  by  some  other  will  or  co- 
dicil in  writing,  declaring  the  same,  signed  by  the  testa- 
tor, in  the  presence  of  three  or  more  witnesses,  and  by 
them  attested  in  his  presence. 

SECT.  7.  All  executors  of  wills  within  this  state,  shall 
have  liberty  to  have  the  witnesses  to  such  wills  examined 
and  sworn,  in  usual  form,  before  a  justice  of  the  peace, 
who  shall  enter  the  oath  of  the  witnesses  on  the  back  of 
the  will,  and  attest  the  same :  and  the  oath  of  witnesses,  so 
taken,  shall  be  accepted  by  the  court  of  probate,  as  if 
they  had  been  taken  before  said  court. 

SECT.  8.  It  shall  be  the  duty  of  the  executor  or  execu- 
tors, of  the  last  will  and  testament  of  any  person  deceased, 
knowing  of  his  or  their  being  so  named  and  appointed, 
within  thirty  days  next  after  the  decease  of  the  testator, 
to  cause  such  will  to  be  proved  and  recorded  in  the  of- 
fice of  the  court  of  probate  of  that  district,  where  the  de- 
ceased person  last  dwelt ;  or  to  present  said  will,  and 
declare  his  or  her  refusal  to  accept  of  the  executor- 
ship  :  and  every  executor,  so  neglecting  his  trust  and 
duty,  without  just  excuse  for  such  delay,  to  the  satisfac- 
tion of  the  judge  of  probate,  shall  forfeit  the  sum  of 
seventeen  dollars  per  month,  from  and  after  the  ex- 
piration of  the  said  thirty  days,  until  he  shall  cause 
probate  of  said  will,  or  present  the  same  as  aforesaid, 
one  half  to  him  who  shall  sue  for  and  prosecute  the 
same  to  effect,  and  the  other  half,  to  the  treasury  of  the 
town  where  the  deceased  last  dwelt. 

SECT.  9.  And  upon  the  refusal  of  the  executor  or  ex- 
ecutors, or  on  his  or  their  refusal  to  give  bond  with  sure- 
ty, for  a  faithful  discharge  of  his  or  their  trust,  the  court 
of  probate  shall  commit  the  administration  of  the  estate 
of  the  deceased,  with  the  will  annexed,  unto  the  wid- 
ow, or  next  of  kin,  of  the  deceased  ;  and  may  cause 
a  citation  to  be  made  out  to  them  to  appear  before  him ; 
and  upon  their  refusal,  neglect  of  appearance,  or  in- 
capacity, may  grant  such  administration  to  one,  or 
more,  of  the  principal  creditors  ;  or,  on  their  refusal, 
to  such  other  person  as  the  court  shall  think  fit.  And 
where  the  testator  lived  out  of  the  state,  the  will  shall 
be  proved  in  the  district,  in  which  the  estate  is. 


; 

Title  32.     Estates.  201 

SECT.  10.  When  any  person  dies  intestate,  the  court  within  what 
of  probate,  in  the  district  in  which  the  deceased  lastdwelt,  probate  dis- 
shall  grant  administration  of  his  estate  to  the  widow,  or  trict  adminis- 
next  of  kin,  of  the  intestate,  or  to  both ;  or  on  their  refusal  appointed"  b* 
or  incapacity,  to  some  other  person,  as  the  court  of  pro- 
bate shall  judge  fit.     And  where  a  person,  living  out  of 
the  state,  dies  intestate,  leaving  property  within  the  state, 
administration  shall  be  granted  of  his  estate,  within  the 
district  where  the  estate  is,  to  such  person  as  the  court 
>hall  think  fit. 

SECT.   11.  Every  court  of  probate,  upon  granting  ad-  Bondtobeta 
ministration   upon  the  estate  of  any  deceased  person,  k°° 
shall  take  a  bond,  with  sufficient  surety  or  sureties,  to  the 
judge  of  said  court,  and  his  successors  in  that  office,  with 
this  condition,  to  wit:     The  condition  of  this  obligation 
is  such,  that  if  the  above  bouoden  A.  B.,  administrator  Form  of  bond 
of  all  and  singular  of  the  goods,  chattels,  credits,  and 
estate  of  C.  D.,  deceased,  do  make,  or  cause  to  be  made, 
a  true  and  perfect  inventory  of  all  the  goods,  chattels, 
credits,  and  estate  of  the  said  deceased,  which   have  or 
shall  come  to  the  hands,  possession  or  knowledge  of  the 
said  A.   B.,  or  into  the  hands  or  possession  of  any  other 
person  for  him,  and  the  same,  so  made,  do  exhibit,  or 
cause  to  be  exhibited,   into  the  registry  of  the  court 
of  probate   in   the   district  of  at   or  be- 

fore the  day  of  next  ensuing ;  and  the. 

same  goods,  chattels,  credits,  and  estate,  of  the  said  de- 
ceased, at  the  time  of  his  death,  which  at  any  time  after 
shall  come  into  the  hands  or  possession  of  the  said  A.  B.. 
or  into  the  hand-  or  possession  of  any  other  person  or 
persons  for  him,  do  well  and  truly  administer  according  to 
law  :  And  further,  do  make  or  cause  to  be  made,  a  true 
and  just  account  of  his  said  administration,  at  or  before 
the  day  of  and  all  the  rest  and 

residue  of  the  said  goods,  chattels,  credits  and  estate. 
which  shall  be  found  remaining  upon  the  said  administra- 
tor ''^A^^^thc^i^A^h^i^c^ff^ed  and  allowed, 
by  the  salu  co'uft  o^proKateCas  me  said  Court  of  probate, 
by  his  decree  or  sentence, Apursuant  to  the  true  intent 
and  meaning  of  the  law,  shall  appoint.  And  if  it  shall 
hereafter  appear,  that  any  last  will  and  testament,  was 
made  by  the  deceased,  and  the  executor  or  executors 
therein  named,  do  exhibit  the  same  into  said  court, 
making  a  request  to  have  it  allowed  and  approved,  ac- 
cordingly ;  if  'the  said  A.  B.,  being  thereunto  required, 
do  render  and  deliver  the  said  letters  of  administration, 
(approbation  of  such  will  or  testament  being  first  had 
and  obtained)  in  the  said  court ;  then  this  obligation  to 
be  void,  and  of  no  effect ;  or  else  to  remain  in  full  force 
2G 


202  Title  32.    Estate. 

and  virtue.  And  executors  shall  become  bound  in  the 
same  manner,  mutatis  mutandis. 

InrenUry.  SECT.   12.  The  executor  or  executors,   appointed  bj 

the  testator  in  his  last  will  and  testament,  and  administra- 
tors to  whom  the  administration  of  the  estates  of  persons 
deceased  shall  be  committed,  shall,  with  the  assistance 
of  two  or  more  judicious  disinterested  freeholders,  under 
oath,  and  appointed  by  the  court  of  probate,  make,  or 
cause  to  be  made,  a  true  and  perfect  inventory  and  ap- 
praisement of  all  the  estate  of  the  person  deceased,  both 
real  and  personal,  according  to  its  value  ;  and  also,  a  list 
of  all  his  credits  and  choses  in  action,  as  far  as  may  be, 
and  shall  cause  duplicates  to  be  made  of  such  inventory, 
one  of  which  shall  be  sworn  to.  by  such  executor  or  ad- 
ministrator, before  the  judge  of  the  court  of  probate, 
where  the  will  was  proved  or  administration  granted,  and 
be  deposited  with  said  court,  arid  the  other  shall  remain 
with  the  executor  or  administrator. 

New  appraise-       SECT-  13<   ^  anv  creditor,  legatee,  or  other  person, 
meat.  shall  be  aggrieved,  by  such  appraisement,  he  may  have 

relief,  by  application  to  such  court  of  probate ;  which 
court  is  empowered  and  required  to  appoint  three  good 
and  lawful  men  of  the  neighborhood,  who,  being  duly 
sworn,  shall  make  a  new  appraisement  of  such  estate,  at 
the  true  value,  according  to  their  best  judgment :  And  the 
executor  or  administrator,  shall  be  accountable  for  the 
estate,  according  to  such  appraisement,  or  the  same  shall 
be  sold,  by  the  order  of  the  court  of  probate  :  Provided, 
that  such  application  shall  be  made  to  such  court  within 
six  months  after  the  inventory  of  such  estate  shall  have 
been  exhibited  to  said  court. 

Penaltr  for  SECT.  14.  If  the  executor  or  executors  of  any  last  will 

»ot  making  an  or  testament,  proved  in  any  court  of  probate,  or  the  ad- 
inyentor/.  ministrator  or  administrators  of  any  intestate  estate,  shall 
not,  within  two  months,  next  after  the  probate  of  such 
will,  or  granting  letters  of  administration  on  such  estate, 
cause  such  inventory  to  be  made  as  aforesaid,  and  exhib- 
ited to  the  court  of  probate,  where  the  will  was  proved 
and  recorded,  or  administration  granted,  he  or  they  shall 
forfeit  the  sum  of  seventeen  dollars  per  month,  from  and 
after  the  expiration  of  said  two  months,  until  he  or  they 
shall  cause  an  inventory  to  be  made  of  such  estate,  and 
exhibited  to  the  court  of  probate  as  aforesaid  ;  unless  he 
can  make  a  just  excuse  for  such  delay,  satisfactory  to  said 
judge  of  probate  :  which  forfeiture,  as  well  as  that  fo«  not 
causing  the  will  to  be  proved,  shall  belong,  one  hall  to 
the  town  where  the  deceased  last  dw«!t,  a-id  the  other 
half  to  him  who  shall  bring  a  proper  action  therefor,  and 


Title  32.     Estates.  203 

prosecute  the  same  to  effect,  in  the  county  where  the  de- 
ceased last  dwelt. 

SECT.  15.  If  any  person  or  persons  shall  sell  or  em-  Persons  em- 
bezzle any  of  the  goods  or  chattels  of  any  person  deceas-   ^a^HaWe 
ed,  before  he  or  they  have  taken  out  administration,  and  as  executors 
exhibited  a  true  inventory  of  all  the  known  estate,  he  or  in  their  own 
they  shall  stand  chargeable,  and  be  liable  to  the  actions  wron£- 
of  the  creditors,  and  other  persons  aggrieved,  as  being 
•xecutors  in  their  own  wrong. 

SECT.  16.  If  any  person  or  persons  shall  have  in  his  or  HOW  to  pro- 
their  custody  and  possession,  any  goods  or  chattels  be-  ceed  against 
longing  to  the  estate  of  any  deceased  person,  or  any  bills,  th^0  who  con- 
bonds,  notes,  accounts,  or  any  thing,  that  may  tend  to  c< 
disclose  such  estate,  and  on  demand  of  the  same,  by  the 
executor  or  administrator,  shall  refuse  to  deliver  them, 
or  to  give  any  satisfactory  account,  to^  the  executor  or 
administrator,  it   shall  be  lawful  for  any  justice  of  the 
peace,  on  the  complaint  of  such  executor,  or  administra- 
tor, to  issue  his  warrant,  and  cause  such  offender  to  be 
apprehended  and  brought  before  him,  and  may  bind  him, 
with  sufficient  surety,  to  appear  before  the  next  court  of 
probate  ;  and  such  court    shall  have  power   to  exam- 
ine   him,   on  oath,  concerning  the    matters   complain- 
ed of;  and  if  he  shall  refuse  to  be  examined,  on  oath, 
and  to  answer  the  interrogatories  put  to  him,  by  such 
court,  it  shall  be  lawful  for  the  court  to  commit  him  to 
prison,  there  to  remain  till  he  shall  conform  to  the  law. 

SECT.  17.  The  courts  of  probate  shall  have  power  to  Notice  to 
direct  executors  and  administrators,  to  give  public  notice  brlnS in claim- 
to  the  creditors  of  the  deceased,  to  bring  in  their  claims 
agaiust  his  estate,  within  such  times  as  the  said  courts 
shall  limit  and  appoint,  not  exceeding  eighteen  months, 
nor  less  than  six  months,  by  posting  up  the  same  in  the 
town  where  the  deceased  last  dwelt,  and  also  by  adver- 
tising and  publishing  the  same  in  a  newspaper  printed  in 
the  county  where  the  deceased  dwelt,  (if  any  there  be,) 
and  if  there  be  none  printed  within  such  county,  the  notice 
shall  be  published  in  a  newspaper  printed  in  the  adjoining 
county ;  and  also  to  give  such  further  notice  as  the  court 
shall  judge  to  be  necessary.  And  if  any  creditor  shall 
neglect  to  exhibit  his  or  her  claim,  within  such  time  ai 
shall  be  limited,  after  public  notice  given  as  aforesaid, 
such  creditor  shall  be  forever  debarred  of  his  or  her  de- 
mand against  such  estate.  Provided,  that  any  creditors, 
not  inhabitants  of  this  state,  shall  have  liberty  to  exhibit 
their  claims  against  any  estate,  which  has  not  been  rep- 
resented insolvent,  at  any  time  within  two  years  after 
publication  of  the  notice  aforesaid,  and  shall  be  entitled 
to  payment  out  of  the  clear  estate  only,  remaining  after 


204  Title  32.     Estates. 

the  payment  of  the  claims  exhibited  in  the  time  limited 
as  aforesaid.  Provided  also,  that  when  a  right  or  claim 
shaft  accrue  after  the  death  of  the  deceased,  it  shall  be 
exhibited  within  twelve  months  after  such  right  of  action 
shall  accrue,  and  shall  be  paid  out  of  the  estate  remain- 
ing after  the  payment  of  the  debts  exhibited  in  the  time 
limited  as  aforesaid. 

When  suit  SECT.   18.  Whenever  the  creditor  of  any  estate,  not 

brou  ht  if  ex-  rePresented  insolvent,  shall  present  his  or  her  claim  to 

ecutor  refuses    the  executor  or  administrator,  within  the  time  limited  by 

the  claim.         the  court  of  probate,  for  the   exhibition  of  claims,  and 

the  executor  or  administrator  shall  disallow  and  refuse  to 

pay  such  claim  ;  if  such  creditor  shall  not,  within  six 

months  after  he  has  been  notified,  by  such  executor  or 

administrator,  that  his  claim  is  disallowed,  commence  a 

suit  before  a  court  competent  to  try  the  same,  against  such 

executor  or  administrator,  for  the  recovery  thereof,  that 

the  validity  of  the  claim  may  be  legally  decided,  then 

such  creditor  shall  be  forever  debarred  of  his   claim 

against  such  estate  :  Provided,  that  in  case  such  creditor 

Extension  of     die  within  the  said  six  months,  and  before  action  brought 

cSse  of  cr  d    as  a^oresaid'  a  further  period  of  six  months  shall  be  allowed 

i  {^e  °         "  in  favor  of  the  executor  or  administrator  of  such  cred- 

it*    -^  itor. 

/^  SECT.  19.  When  the  mortgagee  of  any  lands  or  tene- 

\  JfiedaSmort9-at"  ments  slla11  die>  leaving  minor  heirs,  the  executor  or  ad- 
4    /gage  of  minor  ministrator  of  such  mortgagee,  shall  be,  and  he  is  hereby 
heirs.  authorized,  on  receiving  the  amount  due  to  the  estate  of 

such  deceased  mortgagee,  to  release  to  the  mortgagor  the 
legal  title  to  the  said  mortgaged  premises,  and  such  deed 
of  release  shall  be  valid. 

Executor  or          SECT.  20.  It  shall  be  the  duty  of  the  executor  or  ad- 
administrator    ministrator,  to  maintain  and  keep  the  buildings  and  hous- 
ingsTif  repair'  es'  appertaining  to  the  estate  of  the  deceased,  in  tenanta- 
ble  repair,  by  the  revenue  of  the  lands  belonging  to  such 
estate,  and  deliver  the  same  to  the  heirs  and  devisees  in 
such  repair,  at  the  time  of  the  division  and  distribution 
thereof,  extraordinary  casualties  excepted. 

May  be  called       SECT.  21.  The  respective  courts  of  probate,  shall  have 
to  account       power  to  call  executors  and  administrators  to  account,  for 
and  concerning  the  estate  of  the  deceased  person,  intrust- 
ed to  their  charge. 

How  to  be  re-       SECT.    22.    Whenever  an  executor  or  administrator 
moved.  shall,  by  reason  of  absence,  sickness  or  insanity,  become 

incapable  of  executing  his  trust,  or  shall  neglect  or  refuse 
to  do  the  duties  thereof;  or  shall  waste  the  estate,  on 
which  he  administers,  and  be  unable  personally  to  respond 
in  damages,  any  heir,  devisee,  legatee,  creditor  or  surety 
in  the  administration  bond,  who  has  been  injured,  or  may 


,/  heirs 
^    \ 
\^ 


Title  32.     Estates.  205 

be  exposed  to  injury,  may  make  a  complaint  in  writing  to 
the  -  ourt  of  probate  in  which  the  settlement  of  the  estate 
is  pending  ;  and  said  court  shall  give  notice  to  such  exe- 
cutor or  administrator  to  appear  before  him,  and  answer 
to  such  complaint :  which  notice  shall  be  served,  by  read- 
ing the  same  in  his  hearing,  or  leaving  a  copy  at  his  usual 
place  of  abode,  at  least  six  days  before  the  day  of  trial ; 
and  if  said  court,  on  due  enquiry,  shall  find  the  facts  stated 
in  the  complaint  to  be  true,  he  shall  remove  such  execu- 
tor or  administrator  from  office  :  and  in  such  case,  and  in 
all  cases,  where  the  surety  in  the  administration  bond  has 
become  liable  on  such  bond,  he  shall  have  liberty  to  insti- 
tute any  proper  suit  against  his  principal  for  his  security. 

SECT.  23.  If  the  executor  or  administrator,  so  remov-  New  execute^ 
ed  from  office,  be  a  sole  executor  or  administrator,  the  tor'toSt**1* 
court  of  probate  shall  appoint  an  administrator  with  the  panted?  aP 
will  annexed,  of  the  goods  not  administered,  or  an  admin- 
istrator of  the  goods  not  administered,  as  the  case  may 
require,  and  as  in  the  case  of  the  death  of  an  executor, 
or   administrator ;  and  such  administrator,  so  appointed, 
shall  have  power,  and  it  shall  be  his  duty,  to  ask  for,  de- 
mand, and   receive  of  the  executor  or  administrator  so 
removed,  his  heirs,   executors  or  administrators,  all  the  „ 
goods  and  effects  of  the  deceased;  and  also,  all  books  proceed 
of  account,  bonds,  notes,  or  other  securities,  documents 
or  papers,  that  concern  the  estate,  and  may  be  wanted  in 
the  settlement  of  it :  and  all  suits  in  law  or  equity  pend- 
ing before  any  court,  in  favor  of,  or  against,  the  executor 
or  administrator  so  removed,  shall  survive  to,  and  may 
be  prosecuted  by,  or  against,  the  administrator, appointed 
to  succeed  him. 

SECT.  24.   Whenever  an  administration  bond  shall  be  Further  secu 
found  to  be  insufficient,  it  shall  be  the  duty  of  the  court  of  rity  may  br 
probate,  who  took  the  same,  to  require  further  security  requm 
of  the  executor  or  administrator  ;  and  on  his  neglect  or 
refusal  to  find  such  further  security,  to  remove  him  from 
office,  and  to  appoint  an  administrator  to  succeed  him,  as 
is  heretofore  provided  in  this  act. 

SECT.  25.   When  the   debts  and  charges,  allowed  by  When  sale  ot 
the  court  of  probate,  in  the  settlement  of  an  intestate  es-  lands  shall  bo 
tate,  or  of  a  testate  estate,  where  sufficient  provision  is  ordered- 
not  made  by  the  will  of  the  testator,  shall  exceed  the 
value  of  the  personal  estate,  it  shall  be  lawful  for  such 
court  to  order  the  sale  of  so  much  of  the  real  estate  as 
shall  be  sufficient  to  pay  the  same,  with  incident  charges 
of  sale,  in  such  manner  as  shall  appear  to  him  to  be  most 
for  the  benefit  of  such  estate  ;  which  sales  shall  be  good 
and  effectual  in  law. 


206  Title  32.     Estates. 

What  personal       SBCT.  26.  When  the  personal  estate  of  the  deceased, 
tte'wi-  sha11  not  be  sufficient  for  the  payment  of  his  debts,  be- 


^ 


- 

dow.  sides   household  goods,   exempted  from  execution,  the 

court  of  probate  that  granted  administration  on  the  es- 
tate, shall  set  out  to  the  widow  such  necessary  household 
goods  as  are  exempted  from  execution,  to  be  her  prop- 
erty. 

WheareaJ  SECT.  27.  When  the  debts   and  charges,  allowed  by 

ma^be  sold  any  court  of  probate,  in  the  settlement  of  an  intestate  es- 
in  preference'  tate,  or  of  a  testate  estatej  (where  sufficient  provision  is 
to  personal  es-  not  made  by  the  will  of  the  testator,)  cannot  be  fully 
paid  out  of  the  personal  estate,  without  prejudice  to  the 
widow  or  heirs,  by  depriving  them  of  their  necessary 
stock  and  imple'ments  for  farming,  or  other  business,  for 
upholding  life,  such  court  shall  have  power  and  authori- 
ty to  order  payment  of  such  part  of  the  debts  and  charges 
as  he  shall  judge  reasonable,  by  disposing  of  the  lands  or 
real  estate,  for  such  purpose,  in  such  way  and  manner,  as 
he  shall  judge  to  be  most  equitable  for  the  widow  and 
heirs,  or  devisees,  of  such  estate. 

If  estate  of  one       SECT.  28.  When  any  testator,  by  his  last  will  and  testa- 
atee^'s  Taken  men^  sna^  g've  any  personal  or  real  estate  to  any  person 
to  pay  debts,     or  persons,  and  the  same,  or  any  part  thereof,  shall  be 
the  others  shall  taken  and  sold  for  the  payment  of  the  testator's  debts,  as 
contribute.        ^e   jaw   provjdes?    au  the  other  legatees,  devisees,  or 
heirs,  shall  refund  their  average  or  proportional  part  of 
such  loss,  to  such  person  or  persons,  from  whom  such  leg- 
acy or  devise  shall  be  taken  away  ;  and  he  or  they  may 
maintain  an  action  at  law  to  compel  such  contribution. 
Distribution          SECT.  29.  The  courts  of  probate  shall  make,  and  they 
e  ma  e;      are  }ierejjv  empowered  to  make,  a  just  division  or  distri- 
bution of  all  the  estate,  both  real  and  personal,  of  any 
person  dying  intestate,  after  deducting  all  the  expences 
and  charges,  payable  out  of  the  same  ;  which  distribution 
shall  be  made  by  three  sufficient  freeholders,  or  any  two 
of  them,  to  be  appointed  by  the  court  of  probate,  and 
unless  persons  sworn  according  to  law  ;  unless  all  the  persons  interested 
interested         m  anv  estate,  being  legally  capable  to  act,  shall  mutually 
dfrisionPOn  *    agree  upon  a  division,  and  present  the  same  in  writing, 
under  their  hands  and  seals,  to  the  court  of  probate  ;  in 
which  case,  such  agreement  shall  be  accepted  and  re- 
ceived for  a  settlement  of  such  estate,  and  be  accounted 
good  and  valid  in  law,  being  acknowledged,  by  the  par- 
ties subscribing,  before  said  court  of  probate,  or  a  justice 
of  the  peace,  and  recorded  in  said  court. 

Mode  of  dis-       SECT.  30.  The  distribution  of  the  estate  shall  be  in  the 
fribution:         manner  following,  that  is  to  say,  one  third  part  of  the  per- 
sonal estate  to  the  wife  of  the  intestate,  (if  any  there  be) 


Title  32.     Estates.  207 

forerer;  and  one  third  of  the  lands  and  houses  during 
life,  where  she  shall  not  have  been  otherwise  endowed 
before  marriage  :  and  all  the  residue  and  remainder  of 
the  real  and  personal  estate,  by  equal  proportions,  accord- 
ing to  its  value  at  the  time  of  the  distribution,  to  and 
among  the  children,  and  such  as  legally  represent  them,  to  the  children; 
if  any  of  them  are  dead;  excepting  children,  who  shall 
receive  estate,  by  settlement  of  the  intestate,  in  his  life- 
time, equal  to  the  shares  of  the  others  ;  and  children  ad-  • 
ranccd,  by  settlement  or  portion,  not  equal  to  the  shares  of 
the  rest,  shall  have  so  much  of  the  estate  as  shall  make 
all  the  shares  equal  ;  and  the  estate  shall  be  so  divided. 
as  that  the  male  heirs  shall  have  their  part  in  the  real  es- 
tate, so  far  as  the  estate  will  allow  ;  but  whenever  the 
court  shall  find,  that  it  will  best  accommodate  the  heirs 
of  any  estate,  to  distribute  part  of  the  personal  estate  to 
the  male  heirs,  and  part  of  the  real  estate  to  the  female 
heirs,  such  court  shall  order  such  distribution  to  be  made 
accordingly  :  provided,  that  where  it  shall  appear  to  the 
court  of  probate,  that  any  estate  in  houses  and  lands  can- 
not be  divided  among  all  the  children,  without  great  pre- 
judice and  inconvenience,  said  court  may  order  the  whole 
to  be  set  to  the  eldest  son,  if  he  accept  it,  or,  on  his  refu- 
sal, to  any  other  of  the  sons,  successively  ;  and  the  son 
accepting  it,  shall  pay  to  the  other  children  of  the  de- 
ceased, their  equal  and  proportionable  shares  of  the  true 
value  of  such  houses  and  lands,  upon  a  just  appraisement, 
to  be  made  by  three  sufficient  freeholders,  on  oath,  or 
shall  give  security  to  pay  the  same  in  some  convenient 
time,  as  the  court  shall  limit,  with  lawful  interest. 

SECT.  31.  And  if  any  of  the  children  die  before  he  or 
»he  come  of  age,  and  before  marriage,  or  before  any  le- 
gal disposition  thereof,  and  before  marriage,  the  portion 
of  such  child  deceased,  shall  be  equally  divided  among 
the  surviving  children,  and  their  legal  representatives. 

SECT.  32.  If  there  be  no  children,  or  any  legal  repre-  to  brothers 
sentatives  of  them,  then  one  moiety  of  the  personal  es-  and  »i»ter» ; 
tate  shall  be  set  out  to  the  wife  forever ;  and  one  third 
of  the  real  estate  for  the  term  of  life  ;  and  the  residue  of 
the  estate,  both  real  and  personal,  except  as  hereinafter 
provided,  shall  be  distributed  and  set  off  equally,  to  the 
brothers  and  sisters  of  the  intestate,  of  the  whole  blood, 
and  those  who  legally  represent  them  ;  and  if  there  be  no 
such  kindred,  then  to  the  parent  or  parents  ;  and  if  there  to  parentl . 
be  no  parent,  then  equally  to  every  of  the  brothers  and 
sisters  of  the  half  blood,  and  those  who  legally  represent 
them  ;  and  if  there  be  no   parent,    and  no  brother  or 
sister,  or  those  who  legally  represent  them,  then  equal- 
ly to  the   next  of  kin,  in   equal  degree :    kindred   of  to  next  of  kia. 


208 


Title  32.     Estates. 


Ancestral  es- 
tate. 


the  whole  blood  to  take  in  preference  to  kindred  of 
the  half  blood,  in  equal  degree  :  no  representatives  to  be 
admitted  among  collaterals,  after  the  representatives  of 
brothers  and  sisters.  Provided,  that  all  the  real  estate 
of  the  intestate,  which  came  to  him  by  descent,  gift,  or  de- 
vise, from  his  or  her  parent,  ancestor,  or  other  kindred, 
shall  belong  equally  to  the  brothers  and  sisters  of  the  in- 
testate, and  those  who  legally  represent  them,  of  the 
blood  of  the  person  or  ancestor  from  whom  such  estate 
came  or  descended  ;  and  in  case  there  be  no  brothers  and 
sisters,  or  legal  representatives  as  aforesaid,  then  equal- 
ly to  the  children,  and  those  who  legally  represent  them, 
of  such  person  or  ancestor;  and  if  there  be  no  such  chil- 
dren or  representatives,  then  equally  to  the  brothers  and 
sisters  of  such  person  or  ancestor,  and  those  who  legally 
represent  them  ;  and  if  there  be  none  such,  then  it  shall 
be  set  off  and  divided  in  the  same  manner  as  other  real 
estate.  And  if  there  be  no  wife,  all  the  estate,  shall  be 
divided  among  the  children  and  heirs,  in  manner  afore- 
said. 

Heirs  and  de-       SECT.  33.  And  every  one,  to  whom  any  share  or  par'. 

bSStorefund  sha11  be  distributed>  or  anJ  estate  devised  or  bequeathed. 

incase  of  debts  where  no  provision  is  made  for  the  payment  of  debts  out 
of  any  particular  estate,  by  will,  shall  give  bond,  with 
surety,  before  such  court  of  probate,  if  debts  should  after- 
wards be  made  to  to  appear,  and  be  allowed,  after  the 
settlement  of  such  estate,  to  refund  to  the  executor  or 
administrator,  his  proportional  part  thereof,  and  of  the 
charges  «f  the  executor  or  administrator. 

SECT.  34.  And  the  widow's  dower,  or  thirds,  in  the  re- 
al  estate»  at  the  exPirati°n  of  her  term,  shall,  also,  b'e  dis 
tributed  as  aforesaid,  if  the  same  remain  undivided. 
SECT.  35.  When  real  estate,  given  by  will,  is  ordered, 

^  ^he  testator,  to  be  divided  among  two  or  more  devi- 

»  •  °j-    •  •,      ., 

sees,  and  no  person  is  appointed   to  divide  the  same,  or 

the  person  appointed  neglects,  or  refuses  to  make  the  di- 
vision, or  dies  before  he  has  made  it,  the  court  of  probate 
before  which  the  will  is  proved  and  approved,  shall  <>p- 
point  three  freeholders,  as  the  law  provides,  for  the  di- 
viding of  intestate  estates,  to  make  division  thereof,  ac- 
cording to  the  will  ;  who  shall  make  return  of  their  do- 
ings to  such  court  ;  unless  such  devisees,  being  legally 
capable  to  act,  shall  agree  upon  a  division  in  the  same 
manner  as  is  herein  before  provided,  in  regard  to  intes- 
tate estates,  which  they  shall  have  power  to  do. 

SECT.  36.  And  if  any  person  shall  be  aggrieved,  by  any 
order,  sentence,  denial,  or  decree  or  judgment,  of  a  court 
of  probate,  in  the  settlement  of  an  estate,  such  person 
may  appeal  therefrom  to  the  superior  court  in  the  coun- 


When  dower 


Division  a- 
mongjomt 
devisees. 


Right  of  ap 
peal. 


Title   32.     Estates.  209 

!y  where  sueh   court  of  probate  is  holden  ;  and  every 

person  so  appealing,    shall    give    bond,    with   sufficient 

surety,  to  prosecute  such  appeal  to  effect,  and  answer  all 

damage  in  case  he  fail  to  make  his  plea  good.     And  all 

persons  who  are  aggrieved  as  aforesaid,    who  are  of  full 

age,  and   present,   or  have   legal  notice  to  be  present,  Time  of  ap- 

shall  appeal  to  the  next  superior  court,  and  not  after-  peal  limited. 

wards  :  and  if  they  have  no  notice  to  be  present,  and  are 

not   present,   then   they    shall    appeal   within    eighteen 

months. 

SECT.  37.  All  persons  aggrieved  as  aforesaid,  who 
shall  be  under  the  age  of  twenty-one  years,  at  the  time 
of  making  the  order,  or  rendering  the  judgment  complain- 
ed of,  shall  appeal  within  eighteen  months  after  they 
shall  arrive  to  full  age.  All  persons  belonging  to  this 
state,  who  shall  be  absent  at  the  time  of  making  the  or- 
der, or  rendering  the  judgment,  and  all  persons  not  in- 
habitants of  this  state,  who  are  not  present  at  the  time 
of  making  such  order,  or  rendering  such  judgment,  shall 
appeal  within  three  years  thereafter  :  provided,  that  per- 
sons who  are  inhabitants  of  the  state,  and  absent  from 
the  same,  shall,  if  they  return  to  the  state,  appeal  with- 
in one  year  after  such  return. 

SECT.  38.  The  estates  of  persons  condemned  to  death,  Disposition  of 
and  executed,  shall  be  disposed  of  as  intestate  estates  by  etatcsof  per- 
law  are,   after    deducting  the  costs  of  their  prosecution,  80I1S  executed- 
imprisonment,  and  execution. 

SECT.    39.  Administration  shall   not  be  granted  upon  Limitation  of 
the   estate   of  any  deceased   person,  after  the  expira-  gating  ad- 
tiou  of  seven  years  from  his  death.     No  will  shall  be  al-  ni   lstration> 
lowed  to  be  proved,  by  any  court  of  probate,  after  the  an(j  provin<>- 
expiration  of  ten  years  from  the  death  of  the   testator:  will, 
provided,  that  where  any  minor  is  interested  in  the  estate, 
three  years  shall  be  allowed  after  his  arrival  to  full  age, 
to  take  out  administration  thereon,  or  to  prove  and  allow 
the   will:  and  provided,  that  the  times  in  this   section 
limited,  for  the  purposes  aforesaid,  shall,  in  no  case,  begin 
to  run  at,  or  be  computed  from,  any  time  prior  to  the  first 
day  of  June,  one  thousand  eight  hundred  and  twenty- 
one. 

SECT.  40.  When  it  shall  appear  to  the  executor  or  ad-  How  topiv- 
ministrator,  that  the  estate  will  probably  be   insuiiicient  CfHid»  w'"?11 
to  pay  the  debts  of  the  deceased,  he  shall  represent  to  9  * 

the  court  of  probate,  which  proved  the  will,  or  grant  -d 
administration,  the  condition  and  circumstances  of  such 
estate  ;  and  such  court  shall  proceed  to  settle  it  as  an 
insolvent  estate  ;  and  shall  direct  the  executor  or  admin- 
istrator to  give  public  notice  to  all  persons  interests'  in 
such  estate,  to  appear,  if  they  see  cause,  at  such  time  and 
27 


210  Title  32.     Estates. 

place  as  the  court  shall  appoint,  by  posting  up  the  same 
in  the  town  where  the  deceased  last  dwelt,  and  by  ad- 
vertising the  same  in  a  newspaper  printed  in  the  county 
where  the  deceased  person  dwelt,  (if  any  there  be,)  it' 
not,  then  in  an  adjoining  county  ;  and  also,  in  any  other 
newspaper,  whiclUhe  court  may  designate  for  that  pur- 
pose ;  to  be  heard  relative  to  the  appointment  of  com- 
missioners, to  receive  and    examine   the  claims  of  the 
creditors   of  such  estate ;  and  after  such  hearing,  said 
Appointment     c<>urt  shall  appoint  two  or  more  disinterested  and  judi- 
ofcommis-        cious  persons,  with  power  to  receive,  examine,  and   al- 
sioners  to  ex-  ]ow  the  claims  of  the  several  creditors,   which  shall  be 
'    proved,  by  legal    evidence,  to  be    justly    due  :    which 
commissioners  shall  be  sworn  according  to  law,  and  shall 
cause  the  times  and  places  of  their  meetings,  for  attending 
Notice  to  be      the  creditors  to  receive  and  examine  their  claims,  to   be 
given  to  credi-  made  known  and  published,  by  setting  up  notifications 
thereof  in  some  public  places  in  the  town,  where  the 
deceased  person  dwelt,  and  also  by  advertising  the  same 
in  a  newspaper,  printed  in  the  county  where  the  'deceas- 
ed  person    dwelt,  if  any  there    be,  and  if  none,  then 
in  an  adjoining  county  ;  and  such  further  notice  as  the 
court  of  probate  may  order.     And  the  said  court  of  pro- 
t  imes  within  hate  shall  allow  six,  ten,  or  eighteen  months,  as  the  cir- 
which  credi-     cumstances  of  the  estate  may  require,  for  the  creditors  to 
Sttheir6*"     brmo  in  tbe*r  claims?  and  prove  their  debts  ;  and  after 
claims.  ^e  expiration  of  such  limited  time,   the    commission- 

Report  of         ers  shall  make  their  report,  containing  a  list  of  all  the 
commission-      claims  by  them  allowed  ;  and  such    court  shall    allow 
them  a  reasonable  compensation  for  their  services,  out 
of  the  estate  of  the  deceased. 

Appeal  from  SECT.  41.  Whenever  any  person  shall  be  aggrieved, 
commission-  ^y  ^e  jojngS  of  the  commissioners,  in  allowing  or  reject- 
ing a  claim  or  demand,  upon  an  insolvent  estate,  and  the 
matter  in  demand  shall  exceed  the  value  of  seventy  dol- 
lars, such  aggrieved  person  may,  within  fifteen  days  after 
the  report  of  commissioners  is  returned  into  court,  file 
his  or  her  motion,  praying  a  review  of  such  claim  or  de- 
mand ;  and  thereupon  the  judge  of  probate,  with  one 
judge  of  the  county  court,  and  one  justice  of  the  peace 
in  the  county,  shall,  as  speedily  as  may  be,  hear  the  par- 
ties, and,  according  to  the  justice  of  the  case,  render 
judgment  to  establish,  reject,  or  correct  such  report,  so 
far  as  regards  such  claim  ;  and  the  judge  of  probate  shall 
conform  himself,  to  such  judgment  in  proceeding  upon 
such  estate  :  from  which  judgment,  and  the  acceptance  of 
the  report  of  commissioners,  there  shall  be  no  appeal. 
And  no  executor  or  administrator  on  an  insolvent  estate 
shall,  in  any  other  manner,  contest  the  proof  or  validity  of" 


Title   32.     Estates.  Ill 

any  claim  or  demand,  allowed  or  established  as  aforesaid. 
Provided,  however,  that  such  aggrieved  person,  shall,  at 
the  time  of  filing  his  or  her  motion  as  aforesaid,  give  suffi- 
cient security,  to  the  acceptance  of  the  judge  of  probate, 
that  he  or  she  will  pay  to  such  judges  and  justice  of  the 
peace,  each,  at  the  rate  of  two  dollars  per  day,  and  the 
fees  of  travel,  as  established  by  law,  for  their  services  as 
aforesaid,  in  case  he  or  she,  on  a  hearing  of  such  claim, 
shall  fail  to  obtain  a  judgment  for  the  alteration  of  such 
report :  otherwise,  such  expence  shall  be  paid  from  the 
insolvent  estate. 

SECT.  42.  No  suit  (except  for  debts  due  to  the  state,  or  guit9nottobe 
for  last  sickness  and  funeral  charges)  shall  be  brought  broughtpend- 
against  the  executor  or  administrator,   of  an  insolvent  ing  the  settle- 
estate,  so  long  as  the  same  shall  be  depending  for  settle-  ™^e°f  an 
ment :  and  in  case  judgment  shall  be  rendered  in   a  suit, 
before  the  estate  was  represented   insolvent,  execution 
shall  be  stayed  till  the  estate  can  be  settled,  according  to 
this  act :  and  the  judgment  creditor  shall  receive  his  aver- 
age, or  proportion  of  the  estate,  with  the  other  creditors  : 
and  in  case  that  be  not  paid,  on  the  settlement  of  the 
estate,  such  creditor,  shewing  the  same,  and  producing  a 
certificate  of  his  average,  the  court  shall  order  execution 
to  issue  on  such  judgment  for  the  same. 

SECT.  43.  If  on  the  report  of  the  commissioners,  such 
estate  shall  appear  to  be  insolvent,  the  court  of  probate, 
to  whom  such  report  is  made,  shall  order  and  set  out  to 
the  widow  of  the  deceased,  if  any  be,  such  necessary  Necessaries 
household  goods,  to  be  her  own  property,  as  are  exempt-  for  widow, 
ed  from  execution  by  law ;  and  the  court  shall  order  the 
widow's  dower  to  be  set  out  according  to  law :  and  the 
residue  and  remainder  of  said  estate,  both  real  and  per- 
sonal, including  the  widow's  dower,  subject  to  the  incum- 
brance  of  her  estate  for  life,  said  court  shall  order  and  Order  of  sale, 
direct  the  executor  or  executors,  administrator  or  admin- 
istrators, appointed  to  administer  on  such  estate,  to  sell, 
in  such  manner  as  shall  appear  to  said  court  to  be  best 
for  the  creditors  ;  and  notice  of  such  sale  shall  be  pub- 
lished in  a  newspaper  printed  in  the  county  where  the 
estate  lies,  if  there  be  any,  if  not,  in  an  adjoining  county  : 
and  such  executors  and  administrators  shall  have  power 
to  make  sale  thereof,  and  to  execute  proper  conveyances 
to  the  purchasers,  which  shall  be  valid  in  law  :  Provided, 
that  at  any  time,  during  the  settlement  of  the  estate,  the 
court  of  probate  shall  have  power  to  order  the  sale  of 
the  whole,  or  any  part,  of  the  insolvent's  personal  estate. 

SECT.  44.  And  such  sales  being  made,  the  executors  or 
administrators  shall  render  an  account  to  the  court  of 
probt  3,  of  the  amount  thereof,  and  the  monies  arising 


212       .  Title  32.     Estates. 

'therefrom;  a.nd  said  court  shall  direct  the  payment  ot' 
the  debts  and  demands  against  the  estate  to  be  made  in 
Average.  the  following  manner  :  the  funeral  expenses,  and  incident 
charges  of  settling  and  selling  the  estate  ;  debts  due  for 
the  last  sickness  of  the  deceased  ;  taxes  and  debts  due 
to  the  state  ;  and  the  debts  of  the  several  creditors, 
as  allowed  by  the  commissioners,  in  proportion  to  the  sum 
found  to  be  due. 

Provision  for  SECT.  45.  Every  creditor,  who  shall  not  exhibit  and 
creditors  fail-  make  out  his  claim  to  the  commissioners,  before  the  ex- 
ing.10  present  piration  of  the  time  limited  for  that  purpose,  shall  be 
InVhin limited  ^orever  debarred  of  his  or  her  debt;  unless  he  or  she 
time.  can  shew  some  other  or  further  estate,  not  before  discov- 

ered, and  put  in  the  inventory  ;  who,  on  discovery  there- 
of, shall  give  notice  to  the  executor  or  administrator :  and 
in  such  case,  it  shall  be  the  duty  of  the  executor  or  ad- 
ministrator, to  make  an  additional  inventory,  compre- 
hending such  new  discovered  estate,  and  present  the 
same  to  the  court  of  probate :  and  such  estate  shall  be 
sold  and  disposed  of  as  the  other  estate  of  the  deceased. 
The  judge  of  probate  shall  examine  the  claim  of  such 
creditor,  and  allow  such  part  thereof,  as  shall  appear 
to  be  justly  due;  and  after  deducting  the  additional1 
charges,  shall  order  so  much  of  the  avails  of  the  new 
discovered  estate  to  be  paid  to  him.  as  will  make  him 
equal  to  the  other  creditors,  if  sufficient ;  if  not,  then  the 
whole  shall  be  paid  to  him  ;  but  if  there  should  be  more 
th.».-  sufficient,  then  the  surplus  shall  be  equally  divided 
and  averaged  among  all  the  creditors  of  such  insolvent 
estate. 

CHAP.  II. 

An  Act  securing  to  the  State  a  priority  of  claim 
against  the  estates  of  Insolvent  Debtors. 

JTy  E  it  enacted  by  the  Senate  and  House  of  Rep- 
ex.     .   j-j  resentatives.  in  General  Assembly  convened, 
Assignees  to      That  whenever  the  estate  of  an  insolvent  debtor  shall  be 
pay  debts  due  iri  the  hands  of  assignees,  either  in  pursuance  of  an  insol- 
fu»he  6tatC' in  vent  act'  or  k)r  voluntary  assignment,  it  shall  be  the  duty 
of  such  assignees,  to  pay  all  debts  due  to  this  state  from 
such  debtor,  out  of  the  avails  of  such  estate,  in  full,  before 
any  average  or  distribution  is  made  among  the  other  cred- 
itors. 

SECT.  2.  If  the  principal,  in  any  bonder  contract  giv 
en  to  thG  state>  or  the  treasurer,  for  the  use  of  the  state, 
tr.  entitled   shall  be  insolvent,  or  being  deceased,  shall  not  have  left 


Title   33.     Fences.  213 

sufficient  estate  to  pay  all  his  debts,  and  any  surety  or  sure-  to  _  priority  a- 

tie>.  on  such  bond  or  contract,  shall  pay  the  money  due  f^te  oVthV* 

to  the  state,  he  or  they  shall  have  the  same  priority  as  to  principal, 
payment  of  the  debt  out  of  the  estate  of  the  principal,  as 
is  secured  to  the  state. 

TITLE  33.  Fences. 
An  Act  concerning  Fences  arid  Common  Fields. 

TJE  it  enacted  by  the  Senate  and  House  of  Rep- 
'  jiJ  resentative.s.  in  General  Assembly  convened, 
That  the  proprietors  of  lands  shall  make  and  maintain  Whatshali 
•sufficient  fence  or  fences  to  secure  their  particular  fields 
and  enclosures  :  and  a  rail  fence,  four  feet  and  a  half 
high,  a  stone  wall  four  feet  high,  well  and  substantially 
erected,  and  any  other  fence,  either  of  rails,  boards,  hedge, 
ditch,  brooks,  rivers  or  creeks,  which,  (in  the  judgment  of 
fence-viewers,)  shall  be  equal  to  a  rail  fence  four  feet 
and  a  half  high,  shall  be  deemed  a  sufficient  and  lawful 
fence. 

SECT.  2.  When  adjoining  proprietors  inclose  their  land 
in  severalty,  each  shall  make  and  maintain  one  half  of  the 
divisional  fence  :  and  when  adjoining  proprietors  make  a 
divisional  fence,  of  posts  and  rails,  boards,  or  a  hedge 
fence,  each  shall  be  allowed  twelve  inches  from  the 
dividing  line  to  break  the  ground,  to  set  in  the  posts  and 
stakes  ;  but  the  posts  shall  stand  in  the  dividing  line  :  and 
in  making  a  stone  wall,  or  other  fence,  each  proprietor 
shall  be  allowed  to  set  one  half  of  the  width  on  each  side 
of  the  dividing  line,  provided  it  does  not  exceed  one 
foot  and  a  half  from  the  dividing  line,  upon  the  land  of 
the  adjoining  proprietor :  and,  except  in  the  case  of 
house  or  home  lots,  four  feet  shall  be  allowed  for  a  ditch 
from  the  dividing  line ;  provided,  the  party  making  the 
ditch,  shall  lay  the  bank  upon  his  own  land. 

SECT.  3.  If  one  proprietor  shall  first  occupy  his  land,  When  one  pro- 
and  make  the  whole  fence,  and  afterwards  the  adjoining  prietor  first  in- 

proprietor  shall  occupy  the  adjoining  land,  by  particular  clo^esand 
i     11      *     i.  i     ii-     f  \i        j-    •  •         i   makes  the 

enclosure,  he  shall  purchase  one   halt  of  the  divisional  wnole  fence 

fence,  and  maintain  the  same  ;  and  if  the  parties  do  not  the  other  shall 
agree,  in  dividing  and  appraising  said  fence,  the  party  purchase  half, 
aggrieved  may  call  on  the  select-men  of  the  town,  or 
a  major  part  of  them,  who  may  divide  and  set  out  to 
each  party,  his  equal  proportion  of  said  fence,  and  de- 
termine how  much  the  party,  last  occupying,  shall  pay 
for  the  fence  to  the  party  erecting  the    same  ;  an  ac- 
count of  which,  under  the  hands  of  the  select-men,  shall 


214  Title  33.     Fences. 

be  sufficient  evidence  for  the  party,  who  erected  said 
fence,  to  recover  the  same  from  the  party  last  occu- 
pying, as  aforesaid. 

When  fence  SECT.  4.  Whenever  there  has  been  a  fence  between 
•hall  be  divid-  adjoining  proprietors,  which  has  never  been  divided, 
and  either  party  refuses  to  divide  the  same,  the  other 
party  may  call  on  the  select-men  to  make  a  division,  and 
the  select-men  shall  set  out  the  better  part,  (if  any  there 
be,)  to  him  who  erected  it,  or  holds  under  him  who  erect- 
ed it ;  and  the  cost  shall  be  paid  by  him  who  wilfully  re- 
fused to  make  such  division,  to  be  recovered,  in  a  proper 
action,  by  the  other  party  ;  and  a  certificate  of  the 
amount  of  such  cost,  under  the  hands  of  the  select-men, 
shall  be  sufficient  evidence.  And  the  division  of  fences, 
made  as  aforesaid,  and  recorded  in  the  records  of  the 
town  where  the  lands  lie,  shall  be  valid  and  binding  on 
the  parties. 

How  to  pro-  SECT.  5.  If  any  person,  who  ought  to  maintain  any  di- 
ceed,  when  visional  fence,  shall  refuse  or  neglect  to  keep  it  in  suffi- 
divisionalfence  .  -11.111 

isnot  in  repair;  cient  repair,  the  party  aggrieved  shall  have  power  to  call 

on  the  fence-viewers  to  view  the  same,  and  if  they  find 
such  fence  to  be  insufficient,  they  shall,  without  delay, 
give  notice,  in  writing,  of  such  insufficiency,  to  the  per- 
son or  persons  who  are  bound  to  repair  it ;  and  if  he  or 
they  do  not,  within  six  days,  put  the  same  in  sufficient 
repair,  then  it  shall  be  lawful  for  the  party  aggrieved   to 
d°  it ;  and  when  the  same  shall  be  completed,  and  judg- 
i/+ed*'t       e<^  sufficient,  by  said  fence-viewers,  they  shall  estimate 
*,     «^)t<1the  value  of  such  repairs,  and  make  a  certificate  thereof, 
t  under  their  hands,  with  an  account  of  their  fees  ;  and  the 

;  party  aggrieved  shall  have  right  to  recover  the  same  of 

the  party  who  ought  to  have  made  such  repairs,  and  on 
his  neglect  or  refusal  to  make  payment,  for  thirty  days, 
after  demand  made,  the  party  aggrieved  may  sue  for  and 
recover  it,  by  an  action  on  the  case,  before  any  court 
proper  to  try  the  same. 

and  when  one        SECT.  6.  No  person  shall  lay  open  his  inclosures  to  the 

lays  open  his     common,  and  remove  the  divisional  fence,  without  giving 

inclosure.          three  months'  notice  to  the  adjoining  proprietor ;  who 

shall  have  a  right  to  purchase  the  same,  on  paying  the 

value  thereof;  and  if  the  parties  cannot  agree,  it  shall  be 

determined  by  either  two  of  the  select-men  of  the  town. 

How  to  make        SECT.  7.  When  the  dividing  line  between   adjoining 

divisional          proprietors,  shall  be  a  river,  brook,  pond,  or  creek,  which 

fence,  when  it  js  not  a  sufficient  fence,  and  it  is  impracticable  to  make 

cedinthe  luw".  the  fence  in  the  line'  ifeitner  Party  sha11  refuse  to  make 
a  divisional  fence,  on  one  side,  or  the  other,  then  either 
two  of  the  select-men  of  the  town,  shall,  on  application  ot 
either  party,  desirous  of  making  such  fence,  determine  on 


Title  33.     Fences.  ,  215 

which  side  thereof  the  fence  shall  be  erected  and  main* 
tained.  or  whether  partly  on  one  side  and  partly  on  the 
other,  ai'd  what  part  each  shall  make  and  maintain,  and-  > 

deliver  their  determination,  in  writing,  to  the  parties ; 
an*1  'f  either  shall  refuse  to  make  and  maintain  his  part  of 
thr-  fence,  the  other  may  proceed,  as  is  prescribed  in  the 
fifth  section  of  this  act. 

SECT.  8.  And  the  select-men,  or  fence-viewers,  for  any  F.ees  of  fence 
service  performed  in  virtue  of  this  act,   shall  be  allowed  V1 
one  dollar  per  day,  and,  at  that  rate,  for  a  longer  or  short- 
er time. 

SECT.  9.  The  proprietors  of  land  in  any  field  that  now  power  of  pro- 
is,  or  may  be,   established  and  used   as  a  common  field,  prietors  of 
may  meet,  by  themselves  or  agents,  annually,  on  the  first  common  fields. 
Monday  in  March,  or  on  such  other  day  as  they  shall  ap- 
point, at  the  usual  place  of  holding  town-meetings,  in  the 
town  where  the  common  field  is,   or  at  such  other  place 
as  they  shall  appoint,  and  shall  have  power,  by  a  major 
vote,  to  be  computed  according  to  their  interest,  to  adopt 
regulations   with  respect  to  the  fencing  and  occupying 
such  common  field,  and  to  do  every  thing  necessary  for 
the  good  management  of  the  same.     And  they  shall  have 
power  to  choose  a  moderator  and  clerk,  which  clerk  shall 
enter  all  the  acts  and  votes  of  the  said  proprietors,  relat-      er  ' 
ing  to  the  management  of  their  common  fields,  and  shall 
be  sworn  to  a  faithful  discharge  of  his  office,  and  shall 
continue  in  office  until  another  is  chosen  and  sworn  in  his 
room  ;  whose  fees  shall  be  the  same  as  town-clerk's  for 
the  like  service. 

SECT.  10.  And  they  shall  choose  a  committee,  to  take  Committeeand 
care  of  and  manage  the  affairs  of  the  common  field,  and  fence-viewers. 
fence-viewers,  and  haywards,  who  shall   be  sworn  to  a 
faithful  discharge  of  the  duties  of  their  office  :  and  if  any 
person,  so  chosen,  shall  refuse  to  serve,,  he  shall  incur  the 
same  penalty,  to  be  levied  in  the  same  manner,  as  in  the 
case  of  refusing  to  serve  in  town-offices. 

SECT.  11.  The  committee  appointed  for  any  common  Meetings,  how 
field,  may  call  a  meeting  of  the  proprietors,  when,  they  warned, 
shall  judge  it  necessary,  either  by  giving  warning  to  such 
of  them  as  live  in  the  town  where  such  field  is,  and  to  the 
agents  of  nori- resident  proprietors,  if  there  be  any  in  the 
same  town,  at  least  three  days  before  such  meeting,  or  by 
warning  the  said  proprietors,  in  such  other  manner  as 
in  their  lawful  meetings  they  shall  agree. 

SECT.  12.  And  the  proprietors,  at  a  lawful  meeting,  Proprietors 
shall,  have  power  to  lay   taxes   upon  themselves,  ac-  maylaytaxea 
cording  to  their  interest  in  the  common  field,  to  defray 
the  expences  that  may  arise  in  setting  out  or  altering  the 
fence,  in  making  gates  and  bridges  for  the  field ;  and  for 


216  Title  33.     Fences. 

any  other  common  charge,  which  they  shall  judge  neces- 
sary ;  and  may  appoint  collectors  to  collect  the  tax^s; 
who  shall  have  the  same  authority  as  collectors  of  town 
taxes,  and  be  under  the  same  penalties,  for  refusal  to  ac- 
cept, and  execute  the  office.  And  it  shall  be  the  duty  of 
the  committee  to  make  the  rate-bills,  and  procure  war- 
rants, signed  by  a  justice  of  the  peace,  authorising  their 
collection. 

Adjoining  SECT.  13.  When  a  number  of  proprietors  of  lands  in 

towns  may  one  town,  or  in  several  towns,  have  their  lands  ad^oin- 
*n?'  anc^  so  s^uated  that  it  may  be  convenient  and  bene- 
ficial for  them  to  occupy  them  as  a  common  field,  if  two 
thirds  of  such  proprietors,  counting  their  votes  according 
to  their  interest,  shall  agree  to  occupy  such  land  as  a 
common  interest,  they  may  apply  to  the  county  court,  in 
the  county  where  the  lands  lie,  and  represent  to  them  the 
circumstances  thereof,  due  notice  having  been  given  to 
the  other  proprietors  to  appear  at  said  court,  to  make  ob- 
jections, if  any  they  have,  against  occupying  such  lands 
as  a  common  field.  And  on  obtaining  the  allowance  and 
approbation  of  such  court,  said  proprietors  are  empow- 
ered to  farm  and  occupy  the  said  lands  as  a  common 
field,  with  all  the  powers  and  privileges  of  those  which 
are  already  established  :  and  where  the  lands  lie  in  seve- 
ral towns,  they  shall  hold  their  meetings  at  the  usual 
place  of  town-meetings,  in  the  town  where  the  greater 
part  of  the  land  lies,  or  at  such  other  place  as  they  shall 
appoint. 

County  courts       SECT.  14.  The  county  court  shall  have  power,  on  the 
mayaltercom-  petition  of  one  or  more  of  the  proprietors  of  a  common 
men  fields.        fte\^  to  \[m{^  extend,  or  alter  the  bounds  of  the  same, 
in  such  manner  as  they  shall  think  will  best  conduce  to 
the  interest  of  the  proprietors  :  and  notice  of  the  penden- 
cy of  such  petition. shall  be  given  to  one  or  more  of  the 
committee,  and  an  attested  copy  left  wi{h  the  clerk  of  the 
proprietors,  at  least  twelve  days  before  the  hearing  of 
the  same :  and  the  cost,  incurred  by  such  application, 
shall  be  taxed  by  the  court,  and  paid  by  the  petitioners. 
Committee  SECT.  15.  The  committee  of  the  field,  or  a  committee 

may  set  to  appointed  for  that  purpose,  shall  set  out  to  each  propri- 
"  etor'  ms  Pr°P°rtion  of  the  fence,  and  the  place  where  it  is 
to  be  made  ;  who  shall  make  and  maintain  it,  and  shall 
observe  the  orders  of  the  proprietors  for  the  occupation 
of  the  common  field.  And  each  proprietor,  in  order  to 
make  or  repair  his  part  of  the  fence,  may  pass  over  the 
land  of  any  person,  in  the  common  field,  when  necessary  ; 
and  where  the  line  of  a  common  field  bounds  upon  a  par- 
ticular inclosure,  one  half  of  the  fence  shall  be  made  by 
the  proprietors  of  the  common  field,  and  the  other  half 


Title  33.     Fences.  -217 

by  the  owner  of  the  particular  inclosure.  And  such  pro- 
prietors shall  not,  by  laying  open  their  field  or  inclosure, 
excuse  themselves  from  making  and  maintaining  their 
divisional  fence,  without  liberty  first  had  from  the  co  i:;ty 
court.  And  where  the  common  line  offence  runs  across 
a  particular  inclosure,  and  divides  it,  the  committee,  in 
proportioning  the  fence,  shall  consider  the  advantage  or 
disadvantage  that  this  may  be  to  the  owner  of  the  partic- 
ular inclosure.  And  all  such  fences,  set  out  to  the  own- 
ers of  particular  inclosures  as  aforesaid,  shall  be  inspect- 
ed and  repaired,  as  part  of  the  fence  of  the  common 
field. 

SECT.  16.  When  a  common  line  offence  has  been,  or  Line  not  to  be 
shall  be,  established,  it  shall  not  be  altered,  excepting  by  altered,  butby 
a  major  vote  of  the  proprietors,  computed  according  to  maJ°rvote< 
their  interest;  and  when  they  agree  to  alter  such  fence, 
the  committee,  to  effect  it,  shall  cause  their  doings  to  be 
entered  with  the  clerk  of  the  field. 

SECT.  17.  Where  any  person  shall  purchase  lands  in  a  Committee 
common  field,  the  committee  shall  have  power  to  set  out  to  set  out  pro- 
to  such  purchaser  his  proportion  of  the  fence,  at  the  re-  ^^haser  * 
quest  and  charge  of  the  grantor,  and  shall  cause  an  entry 
thereof  to  be  made  with  the  clerk  of  the  field  ;  and  until 
that  is  done,  the  grantor  shall  maintain  such  fence.    And 
if  any  proprietor  in  a  common  field  dies,  and  his  heirs  or 
devisees  refuse  to   maintain  the  fence,  the    committee 
shall  proportion  the  fence  to  such  heirs  or  devisees,  in 
the  list  offence,  and  they  shall  be  bound  to  maintain  it. 

SECT.  18.  And  the  owners  offence,  in  the  line  of  com-  How  parts  of 
mon  fence,  shall  set  and  keep  up  stakes,  with  the  two  fence  are  to  be  ' 
first  letters  of  their  names  on  them,  to  distinguish  their  dlstinguished. 
part  of  the  common  fence  ;  and  every  person  neglecting 
to  do  it  more  than  two  days,  after  warning  given  him,  by 
either  of  the  fence-viewers  of  that  field,  shall  forfeit  twen- 
ty-five  cents,  to  the  use  of  the  proprietors  of  the  common 
field. 

SECT.  19.  Common  fields  shall  be  fenced  in  the  same  How  common 
manner  as  is  required  in  the  case  of  particular  inclosures :  fields  are  tobe 
and  it  shall  be  the  duty  of  the  fence^viewers  to  inspect  fe 
the  fence  of  common  fields,  and  take  care  that  it  is  kept  in 
sufficient  repair  ;  and  if  they  find  it  to  be  insufficient  and 
defective,  in  any  part,  they  shall  forthwith  give  notice  to 
the  owner,  or  the  person  who  ought  to  maintain  it ;  and 
if  he    shall  not,    within  five    days  after    notice,    erect 
such  fence,  or  put  the  same  in  sufficient  repair,  they  shall 
forthwith  make,  or  repair  the  same  ;  arid  the  owner,  or 
person  who  ought  to  maintain  such  fence,  shall  pay  double 
cost  and  charges  to  the  fence-viewers  :   and  if  he  neglect 
to  pay  it  for  ten  days,  after  an  account  is  presented,  and 
28 


218  Title  33.     Fences. 

demand  made,  the  fence-viewers  shall  have  a  right  to  re- 
cover it.  in  an  action  on  the  case,  brought  before  a  court 
proper  to  try  the  same  :  Provided,  that  such  person, 
within  ten  days  after  the  account  is  presented,  and  the  de- 
mand made,  may  apply  to  two  select-men,  or  fence-view- 
ers, of  the  town,  not  interested  in  the  controversy,  who 
shall  appraise  and  estimate  the  expence  of  making  or  re- 
pairing such  fence ;  and  if  such  person  shall  not,  forth- 
with, pay  double  the  appraisement,  the  fence-viewers,  who 
made  or  repaired  such  fence,  shall  have  right  to  recover 
it,  in  an  action  on  the  case. 

SECT.  20.  No  person  shall  feed  or  bait  any  creatures 
on  his  neighbour's  land,  in  a  common  field,  without  his 
consent,  from  the  tenth  day  of  April,  to  the  tenth  day  of 
October,  in  each  year ;  unless  such  field,  by  the  agree- 
ment of  the  proprietors,  shall  be  sooner  opened  for  feed- 
ing :  and  all  creatures  found  so  feeding  shall  be  liable  to 
be  impounded,  by  the  hay  ward  of  the  field,  or  the  owner 
of  the  land. 

How  damage         SECT.  21.  All  damage  done  by  cattle,  horses,  sheep  or 

done  by  beasts  swine,  when  the  fence  is  sufficient,  shall  be  paid  by  the 

bepaid'     owners  of  them  ;  but  if  the  fence  is  defective,  then  by  the 

owners  of  the  fence  :  but  where  the  fence  is  defective,  the 

owners  of  the  cattle  shall  pay  the  poundage,  before  they 

are  released  from  pound,  and  shall  recover  the  same  ol 

the  owner  of  the  defective  fence. 

Non-residents         SECT.  22.  Non-resident  proprietors  of  a  common  field 
shall  certify       &\^\]  certify  to  the  clerk,  under  their  hands,  their  agent* 
t<Tttie 'clerk'1*8  aPP°'nte(l  t°  act  in  the  concerns  of  the  common  field  : 
and  such  agents  shall  certify  their  acceptance  to  the  clerk, 
and  shall  become  bonnd  to  do  all  the  duties,  and  obey 
the  orders,  of  the  proprietors,  in  the  same  manner  as  res- 
ident proprietors  are.     And  if  such  non-resident  propri- 
etors shall  neglect  to  constitute  their  agents,  and  certify 
as  aforesaid,  then  the  fence-viewers,  if  they  find  any  part 
of  their  fence  to  be  insufficient,  shall  notify  the  clerk  of 
said  field,  of  such  insufficiency,  under  their  hands,  which 
shall  be  deemed  legal  warning  to  such  non-resident  pro- 
On  failure  of     prietors  to  mend  and  repair  their  fence  ;  and  on  their 
non-resident      failure,  the  fence-viewers  shall  proceed,    in  the  same 
fe^^viewers    manner?  to  repair  such  fence,  and  shall  have  the  same 
shall  repair       recompence  and  remedy  as  in  case  of  the  neglect  or  de- 
fence, fault  of  resident  proprietors.     Provided,  that  where  the 
fence-viewers  repair  the  fence  of  a  non-resident  propri- 
etor,  an  account  of  the  expence  shall  be  presented  to.  and 
Af  mand  made  of.  the  clerk  of  the  common  field,  who  shall 
make  an  entry  thereof :  Which  shall  be  deemed  as  effec- 
tual, as  if  presented  to,  and  demand  made  of,  such  non- 
resident proprietors. 


Title34.     Ferries.  219 


SECT.  23.  The  proprietors  of  any  common  field,  in  Proprietors 
lawful  meeting,  by  a  major  vote,  computed  according  to  ™eJf0rStQ^h 

e 


BB 

JL9 


interest,  may  establish  the  fee  to  be  paid  by  the  owner  of 
any  horse,  cattle  or  sheep,  impounded  from  the  common 
field  :  provided,  that  it  shall  not  be  more  than  fifty  cents    « 
per  head  for  horses  and  neat-cattle,  and  five  cents,  five 
mills,  per  head,  for  sheep. 

SECT.  24.    When  adjoining  proprietors  of  land,  in  a  particular 
common  field,   shall   fence  and   occupy  any  particular  fields  in  acom- 
fields  or  inclosures,  in  sevoralty,  within   such  common  mon  field>  h°w 
field,  such  particular  inclosures  shall  be  under  the  same  reSulatefl- 
regulations,  as  to  fencing,  and  in  all  other  respects,  as  par- 
icular  inclosures,  not  within  a  common  field,  are,  by  this  act. 
Provided,   that  the  proprietors  of  common  fields  may,  at 
a  legal  meeting,  make  any  special  regulations  that  they 
may  think  proper,  respecting  the  fencing  of  particular 
fields  and  inclosures  within  such  common  fields. 

TITLE  «4.     Ferries. 
An  Act  relating  to  Ferries. 

E  it  enacted  by  the  Senate  and  House  of  Rep  - 
resentatives,  in  General  Assembly  convened, 

That  it  shall  be  the  duty  of  every  town,  except  otherwise  ^kee'pand 
provided  in  this  act,  within  whose  limits,  a  ferry  is  now  maintain  fer- 
established  and  used,  or  in  which  a  ferry  may  be  hereafter  ries. 
established  and  used,  to  keep  the  same  in  good  order, 
and  see  that  it  be  furnished  with  all  things  necessary  for 
the  complete  and  safe  enjoyment  thereof,  by  the  public, 
in  the  manner  hereinafter  provided  ;  and  when  any  ferry 
is  established  and  used,  or  hereafter  shall  be  established 
and  used,  across  any  stream  or  body  of  water,  that  is  the 
tli  vision  line  between  any  two  towns,  it  shall  be  the  duty 
of  those  towns,  between  which  the  ferry  is,  or  may  be, 
to  see  that  the  same  be  kept  and  furnished  as  aforesaid, 
at  the  equal  expense  of  those  towns,  unless  it  shall  be 
otherwise  agreed  between  them.  Provided  nevertheless,  Proviso. 
that,  where  in  any  particular  case,  any  person,  persons 
or  corporation,  are  or  shall  be  liable  by  law,  contract  or 
otherwise,  to  keep  and  maintain  any  particular  ferry,  in 
any  town,  or  between  any  two  towns,  such  town  or  towns, 
shall  be  enabled  to  enforce  such  liability,  against  such 
person,  persons  or  corporation,  and  obtain  from  them,  an 
indemnity  for  all  costs  and  charges  they  may  be  subjected 
to,  by  force  of  this  act. 

SECT.  2.  Every  ferry  shall  be  furnished  and  provided  ferries  to  be 
with  a  good  tight  boat  or  boats,  and  scow,  if  necessary,  furnished  with 
of  sufficient  number,  dimensions,  strength  and  steadiness,  boats,  &c. 


220 


Title  34.     Ferries. 


attention,  &c. 


ProTi*o. 


The  owners, 
&c.  of  ferries, 
entitled  to  the 
emoluments. 


Proviso. 


The  fares  stat- 
ed by  the  gen- 
eral assembly, 
may  be  receiv- 
ed, and  no  oth- 
er, 


an  penalty 


A  post  with 
the  fare  there- 
on be  kept  to 
at  each  ferry, 


for  the  safe  and  speedy  transportation  of  passengers,  their 
teams,  cattle,  horses  or  other  creatures  ;  and  said  boat, 
boats  or  scows,  shall,  at  all  times,  be  well  furnished  with 
suitable  oars,  and  other  implements  necessary  for  the 
service,  and  also  with  men  of  sufficient  number,  strength. 
discretion  and  skill,  to  manage  the  same  ;  and  there  shall 
be  erected  at  each  ferry,  and  at  all  times  kept  in  good 
repair,  all  necessary  wharves  at  the  places  of  embarking 
and  landing,  that  passengers,  their  teams,  cattle,  horse? 
and  other  creatures,  may  be  embarked  and  landed,  without 
danger,  or  unnecessary  delay. 

SECT.  3.  The  ferry-men  employed  to  manage  the  fer- 
ry-boats  and  scows,  and  tend  the  ferry,  shall,  at  the 
ferries,  for  which  they  are  respectively  employed,  give 
constant  and  diligent  attention  to  that  business,  from  sun- 
rise, until  nine  of  the  clock  at  night,  from  the  first  of 
April  to  the  first  of  October,  in  each  year,  and  until  eight 
of  the  clock  at  night,  from  the  first  of  October  to  the 
first  of  April  ;  and  shall  not  deny  or  delay,  the  speedy 
carrying  over  of  any  passenger,  his  team,  cattle,  horses 
or  other  creatures.  Provided,  that  no  ferry-man  be 
compellable  to  put  off  from  shore,  or  attempt  to  pass  any 
ferry,  when  it  manifestly  appears  to  be  hazardous  so  to 
do,  by  reason  of  any  storm,  tempest  or  ice. 

SECT.  4.  The  owner  or  owners,  keeper  or  keepers  of 
any  ferry,  authorized  and  established  by  law,  and  kept 
agreeably  to  this  act,  shall  have  the  exclusive  privilege  of 
^e  transportation  across  the  same,  of  all  passengers,  their 
teams,  horses,  cattle,  and  other  property,  from  the  place 
where  such  ferry  is  established,  to  every  other  ferry-place, 
or  usual  place  of  landing,  and  be  entitled  to  all  the  fare 
by  law  arising  therefrom.  Provided,  that  nothing  herein 
contained,  shall  be  construed,  to  prevent  any  person 
from  passing  such  ferry,  in  his  own,  or  his  neighbors' 
boats,  or  canoes,  on  his  or  their  own  business. 

SECT.  5.  The  fares  that  are,  or  may  be  stated  and 
fixed,  by  the  general  assembly,  for  each  ferry,  and  no 
other,  may  be  demanded  and  received,  for  the  trans- 
Portation  °f  anv  persons,  their  teams,  cattle,  horses  and 
other  property  over  the  same  ;  .and  every  ferry-man,  or 
other  person  employed  at  a  ferry,  that  shall  demand  and 

take  more  *han  ih^  ^are  SO  stated  and  nxecti  sna11  forfeit 
the  sum  of  three  dollars,  to  any  informer,  who  shall  sue 
for  and  recover  the  same  ;  in  the  trial  whereof  no  appeal 
'shall  be  allowed.  . 

SECT*  6*  ^n  each  side  °^  every  river>  or  body  °f  wa" 
*er'  wnere  a  ferry  is,  or  may  be  authorised,  and  estab- 
lished,  there  shall  be  fixed  a  post,  with  the  several  fares, 
allowed  by  law  for  such  ferry,  written  thereon  in  large 
letters,  so  near  the  place,  where  passengers  enter  the 


Title  34.     Ferries.  221 

boat,  used  for  such  ferry,  that  the  same,  with  the  writing  ^efofra^ture  of 
thereon,  shall    be   open  and  legible  to  such  passengers  : 
and  if,  at  any  time,  any  ferry-place  shall  be  deficient  in 
such  post,  no  fare  shall  be    receivable    thereat,  during 
such  deficiency. 

SECT.  7.  The  senate  shall  annually  appoint  two  com-  The  senate  to 
missioners  on  each  and  every  of  the  ferries,  in  this  state,  *j£*,^ri 
except  on  the  Middletown  ferry,  who  shall  be   deriomin-  for  each  ferry' 
ated  commissioners  of  ferries  ;  whose  duty  it  shall  be,  as  ^^ 
often  as,  in  their  opinion,  the  public  good  shall  require 
it,  carefully  to  inquire  into  the  management  of  the  ferry, 
over  which  they  shall  respectively  be   appointed  ;  to  in- 
spect the  boats,  scows  and  oars,  used  at  said  ferry ;  and 
the  wharves,  causeways  and  landing-places,  appurtenant 
thereto  ;  and  to  see  whether  said  ferry  be  kept  and  at- 
tended, by  suitable  ferry-men,  and  according  to  law.  And 
if  said  commissioners  shall,  at  any  time,  find,  that  said 
wharves,  causeways,    landing-places,   boats,  scows  and 
oars,  or  any  or  either  of  them,  are  not  in  good  repair,  or  m^f  °Jder  re" 
convenient  and  suitable  for  the  purpose  of  said  ferry,  or  ^"t-inen  of 
that  said  ferry  is,  in  any  respect,  not  kept  and  maintain-  towns,  in  a 
ed  according  to  law,  it  shall  be  the  duty  of  such  commis-  limited  time, 
sioners,  to  notify  one  or  more  of  the  select-men  of  the 
town,  in  which    such  ferry  is,  or  of  the  towns  between 
which  such  ferry  is,  (where  such  ferry  shall   be    over  a 
stream,  or  body  of  water,  dividing  two  towns,)  in  writing, 
pointing  out.  particularly,  the  defect  or  deficiency  com- 
plained of,  or  noticed  by  them,    with  an  order  to  such 
select-men,  that   such  defect  or  deficiency,  relative  to 
such  ferry,  be  repaired,  or  furnished,  according  to  law,  On  failure  of 
by  said  town  or  towns,  within  a   reasonable  time,  limit-  towns  tomakc 
ed  in  such  order  ;  and  in  case  the  said  order  is  not  com-  rep5""*  the 
plied  with,  by  said  town,  or  towns,  in  the  time  therein  to  mak^themt 
limited,  it  shall   be  the  duty  of  said  commissioners,  to  and  exhibit 
cause  such  deficiency  or  defects  to  be  repaired,  and  fur-  their  account 
nished  and  supplied,  as  soon  as  possible,  to  answer  the  *°  *J^  to  b?al- 
law,  and  make  report  of  the  expense  of  the  same  to  the  lowed  and  re- 
county  court,  in  the  county  where  such  town  or  towns,  covered 

or  one  of  them,  is  situate  :  and  such  court  shall  liquidate  <*Sainsttlie 

•  !/••/•*/.  towns, 

said  expence,  and  grant  execution  therefor,  in  favor   of 

said  commissioners,  against  such  town  or  towns. 

SECT.    8.  If  the  commissioners  of  any  ferry,  shall  find  Commission- 
any  ferry-man  negligent  of  his  duty,  in  attending   said  p"n™o^chV 
ferry,  or  unqualified  for  the  same,  they  shall  have  power  miss  ferry- 
to  suspend,  or  displace  such  negligent  or  unqualified  fer-  men  ; 
ry-man  ;  giving  written  notice  of  the  same  to  the  town  or 
towns,  through  their  select-men,  \vhose  duty  it  is  made 
by  this  act,  to  see  that  said  ferry  is  kept  and  maintained  : 
and  thereupon  it  shall  not  be  lawful  for  such  ferry-man, 
to  attend  said  ferry,  until  said  suspension  shall   have  ex- 


222  Title  34.     Ferries. 

and  prescribe    Pired'  or  until  he  sha11  be  rest°red  by  said  commission- 
the  number  of    ers  ;  and  said  town  or  towns,  shall  thereupon  employ  an- 
ferry-men  for    other  man,  to  attend  said  ferry  :  and  the  number  of  ferry- 
each  boat.        men  to  attend    each  boat,  shall    be  prescribed  by  the 
commissioners.     And  in  case  the  said  town  or   towns, 
when  notified  as  aforesaid,  shall  not  forthwith  employ 
another,  or  a  suitable  number  of  ferry-men,  it  shall  be 
^e    duty  of  the    commissioners  to  employ  one,    or  a 
or  commis-       suitable  number,  at  the  expence  of  such  town  or  towns, 
sionersmay,at  so  long  as  such  town  or  towns   continue  in  such  neg- 
their  expense.  ject  .  an(j  such  expence  shall  be  liquidated  and  recov- 
.          ered  in  manner  aforesaid. 

New-LoTdonf  SECT'  9'  At  each  of  the  ferries  of  New-London,  Say- 
Saybrook  and  brook  and  Middletown,  and  at  all  others,  that  are,  or  may 
Middletown,  be,  so  directed,  by  the  general  assembly,  two  good  and 
ed  Sith'tS'o  ~  sufficient  boats>  sha11  be  constantly  kept,  for  the  use  of 
boats.  the  same ;  and  for  the  more  speedy  accommodation  of 

passengers,  the  ferry-men  employed  at  those  ferries,  shall 
n°t  suffer  both  the  boats,  to  lie  at  the  same  time,  on  one 
side  of  the  ferry,  but  as  soon  as  one  boat  has  crossed  such 
ferry,  the  other  boat  shall  immediately  put  off,  and  go  to 
the  other  side,  whether  there  be  any  passengers  ready  to 
go  over  or  not.  unless  the  other  boat  shall  immediately 
return  ;  and  when  any  passengers  are  waiting  on   the 
other  side  of  the  ferry,  after  the  boat  from  that  side  has 
put  off,  the  other  ferry-boat  shall  immediately  put  off,  to 
Penalty  onfer-  carry  over  the  passengers  ;  and  if  any  ferry-rnan  or  ferry - 
ry-man,  for       men,  shall  neglect  to  conform  to  the  true  intent  and  mean- 
neglect  of dut\-.    -        Viu-          51        i  XL        f 

'    ing  of  this  section,  he  or  they,  for  every  such  offence,  or  neg- 
lect, shall  forfeit  and  pay  the  sum  of  three  dollars,  to  any 
person  who  shall  sue  for  and  prosecute  the  same,  to  effect. 
lat°onS°toinMid-  Provided  nevertheless,  that  at  the  ferry  at  Middletown, 
dletown  ferry,  during  stormy,  tempestuous  weather,  and  at  flood  time, 
one  boat  only  shall  be  used,  which  shall  be  manned  by  all 
the  men  belonging  to  both  boats,  and  shall  be  regularly  and 
vigilantly  attended. 

The  ferry  of        SECT.  10.  The  ferry  across  Connecticut  river,  between 
Middletown  to  the  towns   of  Middletown  and  Chatham,   shall  be  kept 
ColcbSe? 'and  and  mai«tai»ed  exclusively,  by  the  Colchester  and  Chat- 
Chatham  turn-  ham  turnpike   company;  and   the  said  company  shall 
pike  company,  have  and  possess  the  said  ferry,  with  all  its  appurten- 
ances and  privileges,  in  as  full   and  ample  a  manner  as 
they  have  been  heretofore  possessed  and  enjoyed,  by  the 
town  of  Middletown  ;  and  said  company  shall  become 
bound,  in  the  sum  of  two  thousand  dollars,  with  surety, 
to  the  acceptance  of  the  treasurer  of  this  state,  to  keep 
How  furnish-    and  maintain  said  ferry,  as  is  in  this  act  provided  :  and 
ed.  in  addition  to  the   accommodations   before  in  this  act, 

prescribed  for  ferries,  the  said  turnpike  company,  shall, 
at  all  times,  provide  a  ferry-house,  sufficient  for  the  ac- 


Title  34.     Ferries.  223 

ccommodation  of  those,  who  attend  said  ferry,  on  each 
side  of  said  ferry,  and  near  thereto,  with  sufficient  land 
for  landing-places,  and  every  thing  necessary  and  conven- 
ient for  the  transportation  of  carriages  and  stages  over 
said  ferry.     Provided,  that  the  said  turnpike  company,  provigo. 
in  lieu  of  the  two  boats  herein  before  prescribed,  to  be 
kept  at  said  ferry,  may,  if  they  deem  it  expedient,  provide 
one  good  horse-boat,  sufficient  both  for  size,  strength  and  One  horse- 
steadiness,  for  the  safe  transportation  of  all  passengers,  boat,  may  be 
stages,  carriages,  and  every  thing  necessary  to  be  trans-  kept>  in  lieu 
ported  in  said  boat,  across  said  river,  at  said  ferry  ;  which  £fo^  ferry" 
boat  shall  be  kept  in  constant  readiness,  with  a  sufficient 
number  of  horses,  and  proper  men,  as  circumstances  may 
require,  to  manage  said  boat,  in  transporting  passengers, 
and  whatever  else  may  be  necessary  to  be  transported  as 
aforesaid ;  and  said  horse-boat  shall  be  regularly  and  vi- 
gilantly attended,  and  shall  ply  in  such  manner  as  shall, 
in  the  opinion  of  the  commissioners  of   said  turnpike 
road,  who  shall  be  commissioners  of  said  ferry,  accom- 
modate the  public  equally  with  the  mode  prescribed  in 
this  act,  in  relation  to  the  two  boats  at  said  ferry.     And 
the  said  turnpike  company,  may  divide  the  interest  in 
said  ferry  into  such  shares,  and  dispose  of  them  in  such 
manner,  as  they  may  deem  expedient.     And  the  town  of 
New-London,  or  their  lessees,  may,  in  like  manner,  if 
they  deem  it  expedient,  provide  a  horse-boat,  at  the  ferry 
between  the  towns  of  New-London  and  Groton,  pro- 
vided  such  boat  shall,  in  the  opinion  of  the  commissioners 
of  the  ferry,  accommodate  the  public  equally  with  the 
mode  prescribed  by  this  act. 

SECT.  1 1 .  The  ferry  between  the  towns  of  Saybrook  and   Saybrook  fer- 
Lyme,  called  Saybrook  ferry,  shall  be  kept  and  maintain-  ^  ^toSu 
ed  by  said  towns  of  Saybrook  and  Lyme  ;  and  the  town  Of  Saybrook8 
of  Saybrook  may  receive   all  the  fare    and  emoluments  and  Lyme. 
accruing   for   the  transportation   of  passengers,  and  of 
every  thing  necessary  to  be  transported  across  said  ferry,  The  west  side 
from  the  west  side  of  said  ferry,  to  the  east  side  thereof ; 
and  shall  be  liable  to  all  the  expence  of  keeping  in  good 
and  sufficient  repair  the  highway   or  pathway  leading  to 
said  ferry,  on  the  west  side  thereof,  which  shall  be  kept 
above  the  tides ;  and  of  keeping  in  repair  the  wharf,  cause- 
way, landing-places  and  steps  on  said  west  side  ;  which 
wharf  and  causeway,  shall,  at  all  times,  be  kept  raised 
six  feet  higher  than  low  water  mark,  and  shall  be,  at  least, 
eighteen  feet  wide  ;  and  said  town  shall  be  liable  for  one 
half  of  the  expence  of  providing  and  keeping  in  repair, 
of  manning  and  furnishing,  all  boats  and  scows,  necessa- 
ry to  be  used  at  said  ferry,  and  as  shall  be  directed  bj 
the  commissioners  thereof    ,And  the  said  town  of  Lyme. 


224 


Title  34.     Ferries. 


The  east  side  may  receive  all  the  fare  and  emoluments,  accruing  tor  the 
to  be  kept  by  transportation  of  passengers,  and  of  every  thing  neces- 
sary to  be  transported  across  said  ferry,  from  the  east 
side  to  the  west  side  thereof;  and  shall  be  liable  to  all 
the  expence  of  keeping  in  good  and  sufficient  repair,  the 
highway  leading  to  the  said  ferry-place,  on  the  east  side 
thereof,  which  shall,  at  all  times,  be  kept  above  the  tides ; 
andjjof  building,  or  keeping  in  repair,  the  wharf,  cause- 
way, landing-places  and  steps,  on  the  east  side  of  said 
ferry  ;  which  shall  be  of  the  same  height  and  width,  and, 
in  all  respects,  kept  in  the  same  manner,  as  is,  in  this  sec- 
tion, provided  for  the  wharf,  &c.  on  the  west  side  of 
said  ferry  ;  and  said  town  of  Lyme  shall  be  liable,  for 
the  other  half  of  the  expence  of  providing  and  keeping 
in  repair,  of  manning  and  furnishing,  all  boats  and  scows 
necessary  to  be  used  at  said  ferry,  and  as  shall  be  direct- 
ed by  the  commissioners  thereof:  Provided  nevertheless, 
that  said  commissioners  may,  at  any  time,  according  to 
the  circumstances  of  the  case,  determine  what  part  of 
said  expense,  as  well  as  what  part  of  their  own  compen- 
sation, shall  be  paid  by  one  or  the  other  of  said  towns, 
which  shall  then  be  paid  according  to  such  determina- 
tion. 

SECT.  12.  The  commissioners  of  ferries  shall  be  al- 
lowed, for  their  time  and  expences,  in  attending  to  th»- 
duties  of  their  office,  the  same  compensation,  which,  by- 
law is,  or  may  be,  allowed,  to  commissioners  of  turnpike 
roads  ;  which  compensation  shall  be  paid,  by  the  town  or 
towns,  so  keeping,  or  corporations,  liable  by  this  act,  to 
keep  and  maintain  the  ferry,  of  which  the  said  commis- 
sioners shall  be,  respectively,  appointed. 

SECT.  13.  The  fares  of  the  several  ferries  hereinafter 
named,  shall  be  as  follows,  to  wit : — At  New-London  fer-  < 


Commission- 
ers may  deter- 

portionof  ex- 
pence,  which 
each  town 
shall  pay. 


Compensation 
of  the  com- 
missioners. 


Fares  of  fer- 
ries stated. 
New-London, 
Middletown, 
Chapman's, 
Brockway's, 
Warner's, 
Higganum's, 
Haddam-isl- 
and, 

East-Had- 
dam, 

Middle-Had- 
dam. 


Savbrook. 


ry,  Middletown  ferry,  Chapman's  ferry,  Brockway' 
ry,   Warner's  ferry,    Higganum's  ferry,  Haddam-Island 
ferry jHEastTlad Jam  ferry,  and  Middle-Haddam-landing 
ferry, — for  each  maj^horse  and   load,  eight  cents  ;  for         ,, 
each    footman,   mreST Vejifj^f  for   each   led   horse,  five^^f^j 
cents  ;  for  each  ox,  or  other  neat  kine,  eight  cents  ;  for/ 
each  sheep,  swine  or  goat,   one  cent.     And  the  fare  for 
every  two   wheeled  carriage,  with   one  man  and    draft 
horse,  shall  be  double,  and  for  every  four  wheeled  car- 
riage, one  man  and  draft  horse,  or  other  beast,    treble, 
the  fare  of  a  man,  horse  and  load,  as  above  stated  ;  and 
for  every  additional  person  or  horse,  or  other  beast,  the 
same  as  above  stated. 

SECT.  14.  At  Saybrook  ferry,  from  first  of  October  to 
first  of  April ;  for  each  man,  horse  and  load,  fourteen 
cent? ;  for  each  footman,  six  cents  :  for  each  led  " 


Title   34.     Ferries.  225 

eleven  cents  ;  for  each  ox,  or  other  neat  kine,  fourteen 
cents  ;  for  each  sheep,  swine  or  goat,  two  cents  ;  and 
from  first  of  April  to  first  of  October ;  for  man,  horse 
and  load,  eleven  cents  ;  for  each  footman,  four  cents ; 
for  each  led  horse,  eight  cents  ;  for  each  ox,  or  other 
neat  kine,  twelve  cents  ;  for  each  sheep,  swine  or  goat, 
one  cent. 

SECT.    15.  At  Derby  ferry  ;  for  each  man,  horse  and  Derby. 
load,  four  cents ;  for  each  footman,  one  cent ;  for  each 
led  horse,  two  cents  ;  for  each  ox,  or  other  neat  kine, 
four  cents  ;  for  each  sheep,  swine  or  goat,  four  mills.    ' 

SECT.  16.  At  Cullick  Ely's  ferry  ;  for  each  man,  horse  Cullick  Ely's. 
and  load,  twelve  and  a  half  cents  ;  for  each  footman, 
four  cents ;  for  each  led  horse,  ten  cents  ;  for  each  ox,  or 
other  neat  kine,  twelve  and  half  cents  ;  for  each  sheep, 
swine  or  goat,  one  cent  and  four  mills.  And  at  the  three 
last  mentioned  ferries,  the  fare  for  every  two  wheeled  car- 
riage, with  one  man  and  draft  horse,  shall  be  double ; 
and  for  every  four  wheeled  carriage,  one  man  and  draft 
horse,  treble  the  fare  for  man,  horse  and  load,  as  is  here- 
in for  each  of  said  ferries  respectively  stated  ;  and  for 
every  additional  person,  or  horse,  or  other  beast,  the 
same,  as  herein  for  each  stated. 

SECT.  17.  At  Rocky  Hill  ferry,  between  Wethersfield  Rocky-Hiili 
and  Glastenbury ;  for  each  man  and  horse,  each  ox  or 
other  neat  kine,  four  cents  ;  for  each  footman,  three 
cents  ;  for  each  sheep  or  swine,  one  cent ;  for  each 
wheeled  carriage,  sled  or  sleigh,  and  driver,  drawn  by  one 
horse,  eight  cents  ;  for  each  pleasure  carriage,  sled,  or 
sleigh,  stage,  cart,  waggon  and  driver,  drawn  by  two 
horses,  oxen  or  mules,  fifteen  cents  ;  for  each  additional 
horse,  ox  or  mule,  two  cents. 

SECT.  18.  AtPratt's  ferry,  between  Wethersfield  and  PrattY 
Glastenbury  ;  for  each  man,  horse  and  load,  six  cents  ; 
for  each  footman,  three  cents  ;  for  each  led  horse,  three 
cents  ;  for  each  ox,  or  other  neat  kine,  six  cents ;  for 
each  sheep,  swine  or  goat,  one  cent ;  for  each  wheeled 
carriage,  sled  or  sleigh,  and  driver,  drawn  by  one  horse,  ,, 
ten  cents  ;  for  each  four  wheeled  carriage,  or  sleigh,  and 
driver,  drawn  by  two  horses,  fifteen  cents ;  for  each  load- 
ed cart,  waggon  or  sled,  and  driver,  drawn  by  two  oxen, 
twenty-five  cents ;  for  each  empty  cart,  waggon  or  sled, 
and  driver,  drawn  by  two  oxen,  twelve  and  half  cents  ; 
for  each  additional  ox  or  horse,  three  cents. 

SECT.  19.  At   Kenny's    ferry,  in    Wethersfield,    and  Kenny's  and 
King's  ferry,  in  Suffield ;  for  each  man,  horse  and  load,  King's. 
four  cents  ;  for  each  footman,  two  cents  ;  for  each  led 
horse,  three  cents  *;  for  each  ox,  or  other  neat  kine,  four 
cents  ;  for  each  sheep,  swine  or  goat,  one  cent ;  for  each 


226 


Title  34.     Ferries. 


Scan  tick. 


Warehouse- 
point. 


Enfieldand 
Suffield. 


Derby  Nar- 
rows. 


two  wheeled  carriage,  one  man  and  draft  horse,  nine 
cents ;  for  each  four  wheeled  carriage,  one  man  and  draft 
horse,  twelve  and  half  cents  ;  for  each  ox  team,  one  man, 
two  oxen  and  load,  twenty  cents  ;  for  each  waggon,  one 
man,  two  horses  and  load,  fifteen  and  half  cents  ;  and  for 
every  additional  person,  horse,  or  other  beast,  the  same 
as  above  stated. 

SECT.  20.  At  East- Windsor  ferry,  at  the  mouth  of  Scan- 
tick  ;  for  each  man  and  horse,  each  ox,  or  other  neat 
kine.  eight  cents ;  for  each  led,  or  draft  horse  or  mule, 
four  cents ;  for  each  footman,  three  cents ;  for  each  sheep, 
swine  or  goat,  one  and  half  cent ;  for  each  wheeled  car- 
riage, sled  or  sleigh,  and  driver,  drawn  by  one  horse, 
twelve  and  half  cents ;  for  each  pleasure  carriage, 'sleigh 
or  sled,  stage,  cart,  waggon  and  driver,  drawn  by  two 
oxen,  horses  or  mules,  twenty-five  cents  ;  for  each  addi- 
tional ox,  horse  or  mule,  four  cents. 

SECT.  21.  At  East- Windsor  ferry,  at  the  Warehouse- 
point  ;  for  each  man,  horse  and  load,  six  and  quarter 
cents  ;  for  each  man,  horse  and  load,  from  first  of  Decem- 
ber, to  first  of  June,  twelve  and  half  cents  ;  for  each 
footman,  two  cents  ;  for  each  led  horse,  four  cents  ;  for 
each  led  horse,  from  the  first  of  December,  to  the  first  of 
June,  six  and  quarter  cents ;  for  each  ox,  or  other  neat 
kine,  six  and  quarter  cents  ;  for  each  sheep,  swine  or  goat, 
seven  mills  ;  for  each  two  wheeled  carriage,  one  man 
and  draft  horse,  twelve  and  half  cents ;  for  each  four 
wheeled  carriage,  one  man  and  draft  horse,  eighteen  and 
three  quarters  cents  ;  for  each  ox  team,  one  man,  two 
oxen  and  load,  twenty-nine  cents  ;  for  each  waggon,  one 
man,  two  horses  and  load,  twenty-five  cents  ;  and  for  ev- 
ery additional  person,  or  horse,  or  other  beast,  the  same 
as  above  stated. 

SECT.  22.  At  Enfield  and  Suffield  ferry,  at  the  mouth 
of  fresh-water  brook  ;  for  a  man,  horse  and  load,  four 
cents  ;  for  each  footman,  two  cents  ;  for  each  led  or  drift 
horse,  three  cents  ;  for  each  ox,  or  other  neat  kine,  four 
cents ;  for  each  sheep,  swine  or  goat,  six  mills ;  for  each 
two  wheeled  carriage,  one  man  and  horse,  nine  cents  ;  for 
each  four  wheeled  carriage,  one  man  and  horse,  twelve 
and  half  cents  ;  for  each  four  wheeled  carriage,  one  man 
and  two  horses,  seventeen  cents  ;  for  each  four  cattle 
team,  with  one  man,  cart,  waggon  or  sled,  twenty-five 
cents  ;  and  for  every  additional  person,  horse,  ox,  or  oth- 
er neat  kine,  the  same  as  above  stated. 

ECT.  23.  At  Derby  ferry,  at  the  Narrows  ;  for  each 
man,  horse  and  load,  six  cents  ;  for  each  footman,  three 
cents  ;  for  each  led  horse,  four  cents  ;  for  each  ox.  or 
other  neat  kine,  six  cents  ;  for  each  two  wheeled,  or  four 


Title  35.     Fisheries.  227 

wheeled  carriage,  with  one  man  and  one  horse,  twelve 
and  half  cents  ;  for  each  four  wheeled  carriage,  with  one 
man  and  two  horses,  twenty-five  cents  ;  for  each  swine, 
sheep  or  goat,  one  cent;  for  each  additional  person,  or 
horse,  or  other  beast,  the  same  as  above  stated. 

TITLE  35.     Fisheries. 

An  Act  for  encouraging  and  regulating  Fishe- 
ries. 

,  1  IE  it  enacted  by  the  Senate,  and  Home  ofRep- 
MJ  resentatives,  in  General  Assembly  convened, 
That  every  town,  having  clams  and  oysters  within  their  Towns  to 
respective  limits,  or  in  the  waters  and  flats  to  them  ad- 
joining and  belonging,  shall  have  power ,to  make  by-laws 
to  regulate  the  fisheries  of  such  clams  and  oysters,  and  t.o  ters  and  clams. 
preserve  the  same  ;  and  to  impose  such  penalties,  not  ex- 
ceeding seventeen  dollars,  for  the  breach  of  such  by-laws, 
as  they  may  think  proper. 

SECT.  2.  No  person  or  persons,  shall  take  or  catch  any  Connecticut 
shad  or  salmon  in  Connecticut  river,  at  any  other  time  "Yer 
than  between  the  fifteenth  day  of  March,  and  the  twenty-  ingme  c 
fifth  day  of  June,  in  each  year  ;  and  within  that  period, 
no  person  or  persons  shall  set  or  draw  any  net,  seine,  or 
seines,  for  the  purpose  of  taking  fish  in  said  river,  at  any 
other  time  than  between  the  rising  of  the  sun  on  Monday 
morning,  and  the  setting  of  the  sun  on  Friday  evening,  of 
each  week ;  and  every  person,  who  shall,  at  any  other  time, 
take  any  shad  or  salmon,  or  set  or  draw  any  net  or  seine, 
in  said  river,  or  be  aiding  or  assisting  therein,  shall  forfeit 
and  pay  the  sum  of  fifty  dollars,  to  him  who  shall  sue 
therefor,  and  prosecute  his  suit  to  effect. 

SECT.  3.  If  any  person  or  persons  shall,  at  anytime,  Length  of  | 
set  or  draw  any  net  or  seine,  for  the  purpose  of  taking  fish  seine' 
in  said  river,  of  greater  length  than  to  extend  two  thirds  |  '^{^ 

the  breadth  of  said  river,   between  its  natural  banks,  at  i    ,, 

the  place  where  such  net  or  seine  shall  be  set  or  drawn  ;  i  ^   ^7f 

or  if  such  net  or  seine  shall  be  set  or  drawn  on  an  island 
or  pier,  in  said  river,  if  such  net  or  seine  shall  extend  a 
greater  length,  than  two  thirds  of  the  distance  from  the 
shore  of  said  island,  or  from  such  pier  to  the  bank  of  said 
river  ;  or  if  any  person  or  persons  shall  unite  or  connect 
two  or  more  nets  or  seines,  and  set  or  draw  the  same,  thus 
united  or  connected,  in  said  river,  so  that  such  nets  or 
seines,  thus  united  or  connected,  shall  extend  to  a  great-  I 

er  length  than  aforesaid ;  such  person  or  persons  shall  for-  1 


228  Title  35.     Fisheries. 

feit  and  pay  the  sum  of  fifty  dollars,  to  him  who  shall  sue 
therefor,  and  prosecute  his  suit  to  effect. 

Forfeitures  of        SECT.  4.  All  nets,  seines  and  boats,  used  in  fishing,  con- 
seines  and         trarv  to  tnis  act?  on  gaj d  Connecticut  river,  except  so 
trary  t^aw?1"  mucn"  thereof  as  relates  to  the  length  of  seines,  or  shall  be 
used  in  any  other  river,  contrary  to  the  statutes  of  the 
state,  regulating  the  shad -fishery,  where  the  same  may  be 
so  used,  except  as  aforesaid,  shall  be  forfeited,  to  him  or 
them  who  shall  complain  and  inform,  and  shall  prosecute 
Mode  of  pros-  his  or  their  information  to  effect.     And  upon  complaint 
edition.  and  information,  to  any  justice  of  the  peace,  in  any  coun- 

ty where  such  nets,  seines,  or  boats  may  have  been  soused, 
or  may  be  found,  such  justice  is  hereby  empowered  to 
issue  his  warrant,  taking  good  and  sufficient  bond  for  pros- 
ecution, directed  to  some  proper  officer,  or,  in  case  of  ne- 
cessity, to  some  indifferent  freeholder,  requiring  them  to 
seize  such  net,  seine,  or  boat,  and  hold  the  same  ;  who 
shall  forthwith  give  notice  to  the  owner  or  owners  there- 
of, by  reading  said  complaint  and  warrant,  in  his  or  their 
hearing,  or  by  leaving  at  his  or  their  usual  place  or  pla- 
ces of  abode,  a  true  and  attested  copy  of  the  same,  to  ap- 
pear before  said  justice  ;  and  if  said  justice,  after  having 
heard  said  complaint  or  information,  and  the  testimony 
adduced  by  the  parties,  shall  be  of  opinion,  that  said  net, 
seine,  or  boat,  has  been  used  contrary  to  law,  such  justice 
shall  order  said  officer,  or  indifferent  freeholder,  to  hold 
such  net,  seine,  or  boat,  unless  the  same  shall  be  replevied 
according  to  law,  until  final  judgment  shall  be  rendered 
on  the  same,  in  the  county  court,  in  the  county  where  the 
offence  shall  have  been  committed,  to  which  court  said 
complaint  or  information  shall  be  removed,  by  such  jus- 
tice.    But  if  such  justice,  after  hearing  such  complaint 
or  information,  shall  be  of  opinion,  that  said  net,  seine,  or 
boat,  seized  as  aforesaid,  has  not  been  used  contrary  to 
law,  then  he  shall  dismiss  such  prosecution,  and  the  own- 
er or  owners  of  said  net,  seine  or  boat,  shall  recover  his  or 
their  costs. 

,     Drag,  drift,  or       SECT.  5.  No  person  shall  use  or  draw  any  drag,  drift, 
f?hit2?Pn™-     or  gill-net,  in  the  Connecticut  river,  below  a  line  drawn 

m.'iltflj  llCdr         j'Ai  •  i        •  r  T  /»  i         /* 

J&  \  the  mouth  of  directly  across  said  river,  from  L)  me  ferry -wharf  to 
Of,  \  Connecticut  Saybrook  ferry-wharf,  to  the  rnouth  of  said  river;  or  shall 
>  river-  use  or  draw  any  drag,  drift,  or  gill-net,  upon,  or  across 

any  located  fishing  ground  in  said  river  ;  on  forfeiture  of 
the  boats  and  nets  used  in  fishing,  as  aforesaid,  and  the 
sum  of  twenty  dollars,  to  him  who  shall  sue  therefor,  and 
prosecute  his  suit  to  effect. 

Ousatomc  riv-  SECT.  6.  No  person  or  persons  shall  draw  or  use  any 
Time  o  fish-  8eine>  or  other  fish-craft,  for  the  taking  of  fish,  in  Ousa- 
ing.  tonic  river,  or  any  part  thereof,  except  between  the  rising 


Title  35.     Fisheries.  229 

ttf  the  sun  on  Monday  morning,  and  the  rising  of  the  sun 
on  Saturday  morning,  in  each  week,  in  the  months  of 
April,  May,  June  and  July,  annually,  on  the  penalty  of 
forfeiting  one  hundred  dollars,  and  the  seine,  or  other  im- 
plements made  use  of  in  taking  fish,  to  him  who  shall  sue 
therefor,  and  prosecute  his  suit  to  effect. 

SECT.  7.  No  person  shall  set  or  draw  any  seine,  for  the  Time  of  fishing 
purpose  of  catching  fish,  between  the  fifteenth  day  of  *t  the  mouth 
March,  and  the  fifteenth  day  of  June,  in  any  year,  near  ° 
the  mouth  of  Ousatonic  river,  between  the  place  called 
Half-moon-point,  and  Quimbo's-neck-point,  or  south  of 
an  east  or  west  line,  from  said  Quimbo's-neck-point  to 
Milford-beach-point,  or  within  half  a  mile  east  and  west, 
on  each  side  of  the  mouth  of  said  river :  and  not  more 
than  one  seine  shall  be  used  during  each  tide,  at  any  fish- 
ing-place, on  any  part  of  said  river.     And  no  seine  shall  Length  of 
be  used  in  said  river  of  a  greater  length  than  thirty  rods,  seme' 
on  pain  of  forfeiting  fourteen  dollars,  one  half  to  him  who 
shall  sue  therefor,  and  prosecute  his  suit  to  effect,  and  the 
other  half  to  the  treasury  of  the  county  wherein  the  of- 
fence is  committed  ;  and  also  the  seine,  ropes,  and  other 
implements,  so  used  for  catching  fish,  to  be  appropriated 
as  aforesaid. 

SECT.  8.  When  any  person  or  persons  have  been  at  the 
expence  of  clearing  any  fishing-place  or  places,  in  Ousa- 
tonic river,  between  the  mouth  thereof  and  Leavenworth's 
ferry,  and  have  constantly  used  the  same  for  taking  fish, 
in  the  season  thereof ;  or  where  any  person  or  persons 
shall  hereafter  clear  any  fishing-place,  within  such  limits, 
and  constantly  use  the  same,  in  the  season  of  fishing ;  he 
or  they  shall  be  established  in  the  full  enjoyment  thereof, 
so  long  as  he  or  they  continue  to  use  the  same,  for  the 
purpose  of  fishing,  in  the  proper  season,  and  shall  not  be 
liable  to  any  action  for  damages  below  high-water  mark. 

SECT.  9.  No  person  shall  use  any  bush-seine  in  said  No  bush-seine 
river,  or  in  any  way  obstruct,  incumber,  or  impede  the  to  be  used,  or 
drawing  of  seines,  or  the  taking  offish,  in  any  of  the  fish-  ^  obstruc- 
ing-places,  cleared  as  aforesaid,  either  by  felling  trees, 
or  by  sinking  logs,  or  other  incumbrances  therein,  or  in 
any  other  manner,  on  penalty  of  sixty-seven  dollars,  for 
every  such  offence,  one  half  to  him  who  shall  sue  there- 
for and  prosecute  his  suit  to  effect,  and  the  other  half  to 
the  treasury  of  the  county  wherein  the  conviction  is  had. 

SECT.  10.  No  person  or  persons  shall  draw  any  seine  in  Windsor-ferry 
Windsor-ferry  river,  for  the  purpose  of  taking  fish,  after  river. 
the  setting  of  the  sun  on  Friday  evening,  and  before  the  Time  of  fish- 
setting  of  the  sun  on  Monday  evening,  in  any  week,  in  mg' 
the  months  of  May  and  June,  annually ;  nor  drive  the 
fish,  in  any  manner,  so  as  to  impede  or  divert  them  from 


230 


Title  35.     Fisheries. 


No  mill-dam 
to  be  erected 
without  a 
sluice-way. 


1 


No  obstruction 
to  be  made. 


Quinebaug 
river. 


Time  of  fish- 
ing. 


Shetucket, 


their  natural  or  usual  course,  on  penalty  of  thirty-four 
dollars,  one  half  to  him  who  shall  sue  therefor,  and  pros- 
ecute his  suit  to  effect,  and  the  other  half  to  the  treasury 
of  the  county  wherein  the  conviction  is  had. 

SECT.  11.  No  person  or  persons  shall  build  or  contin- 
ue a  mill-dam,  or  other  dam,  across  said  river,  in  either 
of  the  towns  of  Windsor,  Granby,  Simsbury  or  Farming- 
ton,  unless  he  or  they  shall  open  a  sluice-way  in  such 
darn  twelve  feet  in  width,  and  within  nine  inches  of  the 
bottom  of  said  river,  and  in  a  proper  place  convenient  for 
the  passage  offish  through  such  opening,  and  the  same 
sluice-way  keep  open  the  width  and  depth  aforesaid, 
from  the  tenth  day  of  April  to  the  twenty-fifth  day  of 
June;  and  whosoever  shall  be  guilty  of  a  breach  of  this 
section  of  this  act,  shall  forfeit  and  pay  the  sum  of  one 
hundred  dollars,  one  half  to  him  or  them  who  shall  sue 
therefor  and  prosecute  his  suit  to  effect,  and  the  other 
half  to  the  treasury  of  the  county  wherein  the  offence  i« 
committed  :  and  the  court  before  whom  such  conviction 
is  had,  shall  order  such  dam  to  be  removed,  at  the  ex- 
pence  of  the  owner  or  owners  thereof:  and  every  mill- 
dam,  so  erected  and  continued  on  said  river,  where  no 
sluice-way  is  kept  open,  agreeably  to  the  provisions  of 
this  act,  shall  be  deemed  a  common  nuisance,  and  may  be 
removed  by  any  person  whatsoever. 

SECT.  12.  If  any  person  or  persons  shall,  at  any  time 
between  the  twenty-fifth  day  of  April  and  the  tenth  day  of 
June,  in  each  )  ear,  erect  or  place  any  gill-nets,  pot-nets, 
pounds,  wears,  or  any  other  obstructions,  within  ten  rods 
of  the  sluices  in  the  dams  erected  in  said  river,  accord- 
ing to  the  provisions  of  this  act,  whereby  the  passage  of 
the  fish  up  the  said  sluices  and  river  may  be  interrupted 
or  impeded  ;  such  person  or  persons  shall,  for  every  such 
offence,  forfeit  and  pay  the  sum  of  one  hundred  dollars, 
one  half  to  him  or  them  who  shall  sue  therefor,  and  prose- 
cute his  or  their  suit  to  effect,  and  the  other  half  to  the 
treasury  of  the  county  wherein  the  offence  is  committed. 

SECT.  13.  No  person  shall  draw  any  seine,  or  other 
fish-craft,  in  Quinebaug  river,  or  in  Shetucket  river,  below 
the  junction  of  that  river  with  the  Quinebaug,  or  fish 
with  scoop-nets,  at  any  of  the  falls,  dams  or  sluice-ways, 
on  said  rivers,  except  between  the  setting  of  the  sun  on 
Monday  evening,  and  the  rising  of  the  sun  on  Friday 
morning,  in  each  week,  in  the  months  of  April,  May,  and 
June,  annually,  upon  the  penalty  of  one  hundred  dollars, 
to  the  use  of  him  who  shall  sue  therefor,  and  prosecute 
his  suit  to  effect. 

SECT.  14.  No  person  shall  draw  any  seine,  or  other 
fiah-craft,  in  Shetucket  river,  above  the  junction  of  that 


Title  35.     Fisheries.  231 


river  with  the  Quinebaug,  or  in  Willimantic,  and  Nachaug 

rivers,  except  between  the  setting  of  the  sun  on  Monday 

evening,  and  the  rising  of  the  sun  on  Saturday  morning,  Timeof  fish- 

in  each  week,  in  the  months  of  April,  May,  and  June, 

annually,  upon  the  penalty  of  one  hundred  dollars,  to  the 

use  of  him  who  shall  sue  therefor,  and  prosecute  his  suit 

to  effect. 

SECT.  15.  No  eel-wears,  or  walls  with  eel-pots,  shall  Obstj 
be  set,  erected  or  made,  on  or  across  Quinebaug  river, 
Shetucket  river,  Willimantic  river,  or  Nachaug  river,  at 
any  season  of  the  year,  which  will  impede  or  obstruct  the 
natural  and  usual  course  and  passage  of  the  fish,  either 
up  or  down  stream  ;  and  whosoever  shall  be  guilty  of 
making  or  ejecting  any  such  obstructions,  shall  forfeit  the 
sum  of  one  hundred  dollars,  to  the  use  of  him  who  shall 
sue  therefor,  and  prosecute  his  suit  to  effect  ;  and  on  con- 
viction, the  court  may  order  such  obstructions  to  be  remov- 
ed, at  the  expence  of  the  persons  who  erected  the  same  : 
and  every  such  obstruction  shall  be  considered  a  common 
nuisance,  and  may  be  removed  as  such. 

SECT.   16.  No  person  shall  draw  any  seine,  or  other  Selden's  cove, 
fish-craft,  in  Selden's  cove,  Eight-mile  river  in  Lyme, 
nor  in  any  of  the  streams  that  empty  themselves  into  said 
rivers,  nor  in  Sumner's  creek  in   Middletown,  except  creek. 
between  the  setting  of  the  sun  on  Monday  evening,  and  Time  of  fish- 
the  rising  of  the  sun  on  Saturday  morning,  in  each  week,  ing. 
in  the  months  of  April,  May,  and  June,  annually,  on  pen- 
alty of  fourteen  dollars,  one  half  to  him  who  shall  sue 
therefor,  and  prosecute  his  suit  to  effect,  and  the  other 
half  to  the  use  of  the  town  wherein  the  offence  is  com- 
mitted :  which  penalty  may  be  recovered  in  an  action 
brought  before  a  justice  of  the  peace  ;  and  no  appeal 
shall  be  allowed. 

SECT.  17.  No  wears,  hedges,  fish-garths,  or  other  ob-  obstructions 
structions  or  incumbrances,  shall  be  erected  or  made,  on,  prohibited. 
oracross,  Windsor-ferry  river,  Selden's  cove,  or  Eight-mile 
river  in  Lyme,  nor  any  of  the  streams  that  empty  them- 
selves into  them,  or  on,  or  across  Sumner's  creek  in  Mid- 
dletown, so  as  to  impede  or  obstruct  the  natural  and  usual 
course  and  passage  of  the  fish,  in  their  seasons,  up,  or  in 
any  of  said  rivers,  coves,  or  creeks  ;  and  whosoever  shall 
be  guilty  of  a  breach  of  this  section,  shall  forfeit  one 
hundred  dollars,  to  any  person  who  shall  sue  therefor, 
and  prosecute  his  suit  to  effect  :  and  the  court  shall  order 
every  such  obstruction  to  be  removed,  at  the  expence  of 
the  party  who  erected  it  ;  and  the  same  shall  be  deemed 
a  common  nuisance,  and  may  be  removed  as  such  :  Pro- 
vided, that  no  person  shall  remove  any  mill-dam,  until 


232 


Title  35.     Fisheries. 


Thames  river. 


Time  of  fish- 
ing- 


Obstruction* 
prohibited. 


Keys'  brook  in 
Killingly. 

Two  parts. 


Time  of  fish- 
ing. 


New-Haven 
East-river. 


Time  of  Fish- 
ing. 


the  same  has  been  adjudged  to  be  a  nuisance,  by  the  SIP 
perior  or  county  court. 

SECT.  18.  No  person  or  persons  shall  draw  any  seine, 
or  other  fish-craft,  in  the  river  Thames,  above  the  south 
line  of  Paukatannac  cove,  excepting  between  the  setting 
of  the  sun  on  Monday  evening,  and  the  rising  of  the  sun 
on  Saturday  morning,  in  each  week,  from  the  twentieth 
day  of  April,  to  the  twentieth  day  of  June,  in  each  year, 
on  the  penalty  of  one  huwdred  dollars,  to  the  use  of  him 
who  shall  sue  therefor,  and  prosecute  his  suit  to  effect. 

SECT.  19.  No  wears,  hedges,  fish-garths,  or  other  ob- 
structions, or  incumbrances,  shall  be  set,  erected,  or 
made,  on  or  across  the  river  Thames,  above  the  south  line 
of  Paukatannac  cove,  so  as  to  impede  or  obstruct  the 
natural  and  usual  course  and  passage  of  the  fish,  in  their 
season,  in,  or  up  said  river :  and  whosoever  shall  be  guilty 
of  a  violation  of  this  section,  shall  forfeit  one  hundred  dol- 
lars, to  the  use  of  him  who  shall  sue  therefor,  and  prose- 
cute his  suit  to  effect. 

SECT.  20.  Keys'  brook,  that  runs  from  Quinebaug 
pond  to  Quinebaug  river,  in  the  town  of  Killingly,  for  the 
purpose  of  fishing  therein,  shall  be  divided  into  two  parts ; 
that  is,  the  first  part  extending  from  the  said  river  east- 
ward, to  the  public  road  that  crosses  said  brook,  and  the 
second  part  shall  extend  from  said  road  eastward  to  said 
pond  ;  and  no  person  or  persons  shall  fish,  with  any  scoop- 
net,  seine,  or  other  fish-craft,  in  the  first  part  of  said 
brook,  except  between  the  rising  of  the  sun  on  Monday 
morning,  and  the  rising  of  the  sun  on  Wednesday  morn- 
ing :  and  no  person  or  persons  shall  fish,  with  any  scoop- 
net,  seine,  or  other  fish-craft,  in  the  other  part  of  said 
brook,  except  between  the  rising  of  the  sun  on  Wednes- 
day morning,  and  the  rising  of  the  sun  on  Friday  morn- 
ing, in  each  week,  during  the  months  of  April,  May,  and 
June,  in  each  year:  and  whosoever  shall  be  guiity  of  a 
breach  of  this  section,  or  be  aiding,  or  abetting  therein, 
shall  forfeit  thirty-four  dollars,  to  the  use  of  him  who  may 
sue  therefor,  and  prosecute  his  suit  to  effect. 

SECT.  21.  No  person  shall,  at  any  time,  during  flood 
tide,  station  or  draw  any  seine,  or  other  fish-craft,  in 
New-Haven  East-river,  between  Mansfield's  bridge  and 
Doolittle's  mills  :  and  no  peron  shall  set  or  draw  any 
seine,  or  other  fish-craft,  in  said  river,  between  the  bridge 
and  mills  aforesaid,  from  the  setting  of  the  sun,  on 
Wednesday  evening,  until  the  setting  of  the  sun,  on  Thurs- 
day evening,  in  each  week  :  and  every  person  guilty  of  a 
breach  of  this  section,  shall  forfeit  the  sum  of  fourteen 
dollars,  one  half  to  him  who  shall  sue  therefor,  and  prose- 
cute his  suit  to  effect,  and  the  other  half  to  the  treasury 


Title  35.     Fisheries.  233 


of  the  county,  wherein  the  offence  is  committed  ;  and 
shall  also  forfeit  the  seine,  ropes,  and  other  implements 
used  for  catching  fish,  contrary  to  this  section,  to  be  ap- 
propriated as  aforesaid. 

SECT.  22.  No  person  shall  set  or  draw  any  seine,  or  Obstruction* 
otherwise  obstruct  the  course  of  the  fish,  into,  or  up  Sel-  prohibited, 
den's  creek  in  Lyme,  within  forty  rods  eastward  of  the 
mouth  of  said  creek,  on  Connecticut  river,  or  within  sixty 
rods  within  said  creek,  or  at  any  place  below  the  Ho- 
moek,  on  penalty  of  forfeiting  thirty-four  dollars,  to  him 
who  shall  sue  therefor,  and  prosecute  his  suit  to  effect : 
provided,  that  the  proprietors  of  the  Homock  may,  at  all 
seasons,  fish  at  that  place  ;  and  the  proprietors  of  land 
ad;oining  said  creek,  below  the  Homock,  not  within  sixty 
rods  of  the  mouth  of  the  creek,  may  fish  on  their  own 
lands,  on  the  tide  of  ebb  only,  after  the  eighteenth  day 
ofMay  annually. 

SECT.  23.  No  wear,  pound  or  other  obstruction,  shall  Obstruction! 
be  erected,  or  continued  in  the  channel   of  Paukatuck  iri  Pauliatuck 
river,  dividing  the  states  of  Connecticut  and  Rhode-Island,  e(j 
30  as  to   interfere  with  the  main  channel  of  said  river, 
upon  penalty  of  twenty  dollars,  for  the  first  offence,  and 
seven    dollars  for  every  twenty-four  hours,  or  any  less 
space  of  time,  any  such  wear  or  other  obstruction  shall 
be  continued  in  the  main  channel  of  said  river,  after  the 
first  offence. 

SK.CT.  24.  No  person  or  persons,  shall  be  permitted  Times  of  fish- 
to  draw  any  seine  or  seines  in  said  Paukatuck  river,  ir)K- 
from  the  twentieth  day  of  March,  to  the  first  day  of 
June,  annually,  excepting  between  the  rising  of  the  sun 
on  Monday  morning,  and  the  rising  of  the  sun  on  Thursday 
morning,  in  each  week,  on  penalty  of  twenty  dollars, 
for  each  and  every  time  such  seine  shall  be  set  or 
drawn,  otherwise  than  as  aforesaid  ;  and  no  person  or 
persons  shall  be  permitted  to  throw  any  stones  into 
said  river,  upon  penalty  of  seven  dollars,  for  each  and 
every  such  offence,  to  the  end  that  the  fish  may  more 
freely  pass  to  the  various  sources  of  the  river  afore- 
said. 

SECT.  25.  Yearly,  and  every  year,  from  the  twenti-  Passages  u 
eth  day  of  March,  to  the  first  day  of  June,  there  shall  bc  ^P*  °Pen 
be  a  passage  opened  in    the  mill-dam,    below    Pauka-  dams" 
tuck  bridge,    from  the  bed    or   bottom    of   said    river, 
twenty  feet  in  length,  to  extend   ten  feet  easterly,  and 
ten  feet  westerly  from  the  middle  of  said  river ;  and  simi- 
lar passages  shall  be  opened,  in  manner  as  aforesaid,  in 
all  the  other  mill-dams  in  said   river,  of  fifteen  feet  in 
length  excepting  Sanford  Taylor's  mill-dam,  which  shall 
be  opened  twenty  feet  in  length,  ten  feet  between  the 
30 


234  Title  35.     Fisheries. 


middle  of  said  river,  and  the  easterly  shore,  and  ten  feet 
between  the  middle  of  said  river,  and  the  western  shore, 
in  the  most  convenient  places  for  the  fish  to  pass  in  said 
river ;  and  the  owner  or  owners,  occupier  or  occupiers  of 
any  of  the  dams  aforesaid,  who  shall  neglect  or  refuse  to 
open  the  passage  or  passages  as  aforesaid,  on  or  before 
Penalty  for       the   said  twentieth  day  of  March  annually,  shall  forfeit 
refusal.  the  sum  of  twenty  dollars  for  every  such  refusal  or  neg- 

lect ;  and  for    every    succeeding    day,   neglect  or    re- 
fusal to  open  a  passage  or  passages    as    aforesaid,    from 
the  said  twentieth  day  of  March  to  the  first  day  of  June 
annually,   the    offender   or   offenders    shall    forfeit   one 
other  sum  of  seven  dollars.     No  person  or  persons  shall 
be  permitted  to  erect  or  continue  any  wear,  or  other  ob- 
structions, within  sixty  feet  of  the  gaps   in  said    mill- 
ebs?ructio°n       dams,  upon  penalty  of  seven  dollars  for  the  first  offence, 
near  the  open-  and  four  dollars  for  every  succeeding  day,  or  less   space 
in&«-  of  time,   said    obstructions  shall  continue  in   said  river, 

from  the  twentieth  day  of  March  to  the  first  day  of  June, 
annually. 

Wears  and  SECT.  26.  No  wear  or  pound  shall  be  erected  or  con- 

pounds  pro-      tinued  upon  any  flat,  or  other  part  of  the  bottom  of  said 
mbited,  in  cer-      .  •.  J  j       /•  j.i         /•  -JT.  if 

tain  periods,      river,  eastward  or  westward  of  the  aforesaid  channel  of 

said  river,  between  the  first  day  of  June  and  the  twenti- 
eth day  of  March,  annually,  upon  penalty  of  fourteen  dol- 
lars for  the  first  offence,  and  seven  dollars  for  every  suc- 
ceeding day  such  wear  or  pound  shall  be  continued  in  said 
river,  from  the  first  day  of  June  to  the  twentieth  day  of 
March,  annually. 

Times  of  fish-       SECT.  27.  No  person  or  persons   shall  be  permitted  to 
ing  with          ngh  with  mesh  or  scoop-nets,  in  Paukatuck  river,  or  any  of 
scoop-ne  ».        -j.g  branch^  after  sunset  on  Friday,  until  sunrise  on  Mon- 
day, in  each  week,  from  the  twentieth  day  of  March  to 
the  first  day  of  June,  annually ;  and  no  person  shall  use 
more  than  one  net  at  a  time  ;  upon  penalty  of  five  dol- 
lars for  every  offence. 

Disposition  of       SECT.  28.  One  half  of  the  penalties  incurred  by  this 
penalties.          act,  for  a  violation  of  the    regulations  respecting   fishing 
in  Paukatuck    river,  shall  accrue   to  him  who  shall  sue 
therefor,  and  prosecute  his  suit  to  effect,  and  the  other  half 
to  the  treasury  of  the  town  wherein  the  offence  is  commit- 
ted.    And  so  much  of  this  act  as  relates  to  fishing  in  Pau- 
P?™Pact  with  katuck  river,  shall  1>e  considered  as  forming  a  compact 
Island,    with  the  gtate  of  Rhode-Island,  from  which  the  general 
assembly  of  this  state  will  not  depart,  until  the  legislature 
of  the  state  of  Rhode-Island  shall  agree  with  the  legisla- 
ture of  the  state  of  Connecticut  to  a  repeal  thereof,  or  to 
alterations  therein,  or  additions  thereto  : — provided  the 


Title  36.     Forcible  Entry  and  Detainer.  235 

atate  of  Rhode-Island  shall  adopt  and  adhere  to  similar 
regulations. 

SECT.  29.  Whosoever  shall  first  make  a  wear  for  catch-  Fisheries  on 
ing  fish,  on    any  flat,  within  any  river,  cove,  creek  or  flat*, 
harbor,  shall  not  be  interrupted,  by  any  other  person's 
making  a  wear,  on  the  same  flat,  or  in  the  way  or  course 
of  the  fish  coming  or  passing  to  said  wear  first  built,  near- 
er than  three  quarters  of  a  mile,  without  liberty  from  the 
county  court ;  and  every  wear,  set  up  contrary  to  this 
act,    shall  be  a  common  nuisance  ;  and  any  person  may 
remove  the  same  as  such. 

SECT.  30.  Every  town  shall  have  authority,    in  town  Towns  em- 
meetings,  to    make  by-laws  for  the  regulation  of  fisheries  P°wer^dto 
in  the  ponds  within  their  respective    limits,  and  for  the  rea-ulaiiug aW 
preservation  of  the  fish  therein,  and  to  impose  such  pen-  fisheries  in 
alties,  for  the  breach  thereof,  as  they  shall  think  proper  :  Pontls- 
provided,  that  no  penalty  shall  exceed  the  sum  of  seven- 
teen dollars,  and  no  by-law  shall  be  contrary  to  the  laws 
of  the  state,  rior  extend  to  ponds  that   arc    private  pro- 
perty. 

TITLE  36.     Forcible  Entry  and  Detainer. 

An  Act  directing  proceedings  against  Forcible 
Entry  and  Detainer. 


SECT.   1. 


E  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives, in  General  Assembly  convened, 


Mode  of  pro- 


That  whenever  any  person  shall  make  forcible  entry  cee<}jncr  in 
into  any  houses,  lands  or  tenements,  and  with  a  strong  forcible  entry 
hand  shall  detain  the  same;  or,  having  made  a  peaceable  and  detainer, 
entry,  without  the  consent  of  the  actual  possessor,  shall 
hold  and  detain  the  same,  with  force  and  strong  hand  ; 
the  party  thus  ejected,  or  held  out  of  possession,  may  ex- 
hibit his-  complaint  to  either  of  the  judges  of  the  county 
court,  and  to  one  justice  of  the  peace,  in  the  countj 
where  such  houses,  lands  or  tenements  are  situated,  who 
are  qualified  to  judge  between  the  parties,  stating  the  in- 
jury of  which  he  complains.  And  such  judge  and  justice 
shall,  forthwith,  issue  a  summons  to  the  party  complained 
of,  directed  to  some  proper  oflicer,  to  notify,  and  require 
him  to  appear  at  such  place  as  they  shall  appoint,  in  the 
town  where  the  injury  complained  of  was  done,  within 
eight  days,  at  least,  to  answer  to  the  matters  contained 
in  such  complaint ;  which  summons  shall  be  served  upon 
him,  by  reading,  or  by  leaving  a  copy  at  his  usual  place 
of  abode,  six  days,  exclusively,  before  the  day  appointed 
^br  trial  ;  and  if,  after  service  of  such  summons,  the  party 
complained  of,  shall  not  appear  and  defend,  such  judge 


236 


Title  36.     Forcible  Entry  and  Detainer. 


Jury  to  be 
summoned. 


Trial. 


Judgment. 


and  justice  shall  proceed  in  the  same  manner  as  if  hfe 
were  present. 

SECT.  2.  And  such  judge  and  justice  shall  make  out  a 
warrant,  under  their  hands,  directed  to  the  sheriff  of  the 
county,  or  his  deputy,  or  to  either  of  the  constables  of 
the  town  where  the  injury  complained  of  was  done,  (such 
officer  not  being  interested  in  the  cause,  or  so  related  to 
either  of  the  parties  that  he  could  not  judge.)  command- 
ing him  to  summon  twelve  good  and  lawful  freeholders  of 
the  county,  qualified  to  act  as  jurors,  to  appear  at  the 
time  and  place  appointed  for  the  trial ;  which  jury  shall 
be  duly  empanneled,  and  sworn  according  to  law,  to  en- 
quire into  the  forcible  entry,  or  forcible  detainer,  com- 
plained of:  and  if  a  sufficient  number  of  jurors,  qualified 
to  sit  in  the  cause,  do  not  appear,  the  sheriff  or  constable 
shall  forthwith  return  a  sufficient  number  of  the  freehold- 
ers of  the  county,  qualified  to  act  as  jurors,  to  fill  the 
panel :  and  said  judge  and  justice  shall  proceed  to  make 
enquiry,  and  shall  hear  all  the  proper  evidence  offered  by 
the  parties :  and  if  the  jury  find,  that  a  forcible  entry  has 
been  made,  into  the  houses,  lands  or  tenements,  or  that 
the  same  are  detained,  with  force  and  strong  hand,  as 
complained  of,  then  such  judge  and  justice  shall  render 
judgment,  thatthe complainant  shall  be  restored  to, and  re- 
seised  of,  the  premises,  and  shall  award  a  writ  of  restitution 
accordingly;  and  the  complainant  shall  recover  his  lawful 
costs,  of  the  person  or  persons  complained  of,  and  execu- 
tion shall  be  granted  therefor  accordingly.  But  if  the 
jury  shall  find  the  person  or  persons  complained  of,  not 
guilty,  then  costs  shall  be  taxed  in  their  favor,  against  the 
complainant,  and  execution  granted  for  the  same. 

SECT.  3.  And  no  appeal  shall  be  allowed  from  the 
judgment  of  such  judge  and  justice  ;  nor  shall  any  com- 
plaint or  action  be  prosecuted,  for  a  forcible  entry  or  de- 
tainer, but  within  six  months  after  the  making  of  the 
entry  complained  of. 

SECT.  4.  The  judgment  that  shall  be  rendered,  in  such 
prosecutions,  shall  not  affect  the  title  to  such  houses,  lands, 
or  tenements,  and  shall  not  be  a  bar  to  a  proper  action, 
brought  for  the  trial  of  the  same. 

SECT.  5.  And  the  party  aggrieved  shall  recover  treble 
damages,  and  costs  of  suit,  by  action  of  trespass,  against 
the  defendant  or  defendants,  if  it  be  found,  by  verdict  of 
the  jury,  or  otherwise,  in  due  form  of  law,  that  he  or  they 
entered  into  hous.es,  lands,  or  tenements,  by  force,  or  after 
entry,  held  the  same,  by  force.  (1) 

(1)  An  act  was  passed  as  early  as  1698,       concerning,  and  to   remove,  forcible   en- 
enabling  justices  of  the  peace  to  enquire      tries  and  detainers,  and  to  proceed  accord-'X 


Wo  appeal. 


Limitation. 

Judgment  not 
to  affect  the 
title. 


Treble  dama- 
ges to  be  re- 
covered in  ac- 
tion of  tres- 
pasi. 


Title  37.     Foreign  Attachment.  237 

ing  to  the  rules  and  methods,  in  such  cases  so  that  a  proceeding  under  it  had  usually 
provided,  by  the  laws  of  England.  In  1722,  beenattende  d  withdilficulty;  itwasthought 
an  act  was  passed,  similar  to  a  statute  in  best  to  introduce  the  present  remedy,  of  a 
England,  and  which  continued  in  force,  mere  civil  nature,  to  give  the  party  a  pow- 
witi)  few  modifications,  until  this  revision.  er  to  regain  possession  of  lands  in  defined 
But  as  the  statute  gave  no  intelligible  de-  cases,  when  forcibly  taken  or  detained 
finition  of  a  forcible  detainer  ;  required  from  him ;  and  if  the  entry  or  detainer 
the  (ustices  of  the  peace  to  repair  to  the  should  be  with  a  force  and  violence  amount- 
place,  to  view  the  force  ;  that  the  party  ing  to  a  breach  of  the  peace,  to  leave  the 
should  proceed  by  information  qui  tarn ;  party  committing  it  to  a  criminal  prose- 
with  many  other  inconvenient  regulation!,  cution. 

TITLE  37.     Foreign  Attachment. 

Aii  Act  authorizing  the  collection  of  debts,  by 
Foreign  Attachment. 

TJE  it  enacted  by  the  Senate  and  House  of  Rep- 
CT*     *   fj  resentative.s,  in  General  Assembly  convened, 
That  whenever  the  goods  or  effects  of  an  absent  or  ab-  Effects  and 
sconding  debtor,  are  concealed  in  the  hands  of  his  attor-  ^nding^ebt- 
ney,  agent,  factor,  or  trustee,  so  that  they  cannotbe  found,  ors  attachable 
or  come  at,  to  be  attached  ;  or  where  debts  are  due  from  in  the  hands 
any  person  to  an  absent  or  absconding  debtor  ;  it  shall  j£jJJJrnt  or 
be  lawful  for  any  creditor  to  bring  his  action  against  such 
absent  and  absconding  debtor,  and  insert  in  his  writ  a  di- 
rection to  the  officer  to  leave  a  true  and  attested  copy 
thereof,  at  least  fourteen  days  before  the  session  of  the 
court,  to  which  it  is  returnable,  with  such  absent  or  ab- 
sconding debtor's  attorney,  agent,  factor,  trustee,  or  debt- 
or, or  at  the  place  of  his  or  their  usual  abode  :  and  it  shall 
be  the  duty  of  the  officer  serving  such  writ,  to   leave  a  Service  of  the 
copy  thereof,  according  to  such  direction  ;  and  from  the  w 
time  of  leaving  such  copy,  all  the  goods  and  effects  in  the 
hands  of  such  attorney,  agent,  factor,  or  trustee,  and  any 
debt  due  from  such  debtor  to  the  defendant,  shall  be  se- 
cured in  their  hands,  to  pay  such  judgment,  as  the  plain- 
tiff shall  recover,  and  may  not  otherwise  be  disposed  of, 
by  such  attorney,  agent,   factor,  trustee  or  debtor :  and 
such  service  shall  be  sufficient  notice  to  the  defendant  to 
enable  the  plaintiff  to  bring  the  action  to  trial,  unless  the 
defendant  be  an  inhabitant  of  this  state,  or  has  some  time 
resided  therein  ;  and  then  a  like  copy  shall  be  left  at  his 
last  usual  place  of  abode. 

SECT.  2.  Such  attorney,  agent,  factor,  trustee,  or  debt-  Agent  may 
or,  upon  his  desire,  shall  be  admitted  to  defend  his  prin-  defend  his 
cipal  in   such  suit :  but  if  the  defendant  be  not  in   this  principal, 
state,  and  does  not  appear,  by  himself,  or  attorney  ;  and 
the  attorney,  agent,  factor,  trustee,  or  debtor,  with  whom 
such  copy  is  left  in  service,  does  not  appear  to  defend. 


•238 


Title  37.     Foreign  Attachment. 


Continuance 
of  suits. 


How  to  pro- 
ceed with  the 
execution. 


then  the  court  shall  continue  the  action  to  the  next  eourt^ 
and  may  order  notice  to  be  given,  by  publishing  the  pen- 
dency of  the  suit,  in  some  newspaper,  or  otherwise,  as 
they  think  proper  ;  and  if  the  defendant  should  not  then 
appear,  the  court  may,  if  they  judge  proper,  order  the  ac- 
tion to  be  continued  once  more,  to  give  an  opportunity 
to  notify  the  defendant  of  the  pendency  of  the  suit ;  and 
then,  unless  some  special  matter  be  alleged  for  further 
delay,  the  cause  shall  come  to  trial ;  but  when  the  ac- 
tion is  brought  before  a  justice  of  the  peace,  in  case  the 
defendant  shall  not  be  in  this  state,  and  no  attorney, 
agent,  factor,  trustee,  or  debtor  appear  to  defend  him, 
such  justice  of  the  peace  shall  adjourn  the  cause  for  a 
term  not  less  than  three,  nor  more  than  nine  months  ;  and 
then,  unless  special  reasons  be  given  for  a  further  delay, 
such'  action  shall  come  to  trial.  And  if  judgment  be  ren- 
dered in  favor  of  the  plaintiff,  all  the  goods  and  effects 
in  the  hands  of  such  attorney,  agent,  factor,  or  trustee, 
and  the  debt  due  from  such  debtor,  shall  be  liable  to  pay 
the  same  ;  and  the  plaintiff,  on  praying  out  an  execution, 
may  direct  the  officer  serving  the  same,  to  make  demand 
of  such  attorney,  agent,  factor  or  trustee,  of  the  goods 
and  effects  of  the  defendant,  or  principal,  in  his  or  their 
hands,  whose  duty  it  shall  be  to  expose  the  same  to  be 
taken  on  the  execution;  and  also  to  make  demand  of  such 
debtor,  of  any  debt  due  to  the  defendant,  whose  duty  it 
shall  be  to  pay  the  same  :  and  if  such  attorney,  agent,  fac- 
tor, or  trustee,  shall  have,  in  any  manner,  disposed  of 
the  goods  and  effects  of  the  principal,  in  his  hands,  when 
the  copy  of  the  writ  was  left  with  him  ;  or  shall  not  dis- 
cover, expose  and  subject  them  to  be  taken  on  the  exe- 
cution ;  or  if  such  debtor  shall  not  pay  to  the  officer. 
when  demanded,  the  debt  due  to  the  defendant,  at  the 
time  the  copy  of  the  writ  was  left  with  him  ;  such  attor- 
ney, agent,  factor,  trustee,  or  debtor  shall  be  liable  to 
satisfy  such  judgment  out  of  his  own  estate,  as  his  proper 
debt,  if  the  goods  or  effects,  or  debt,  be  of  sufficient 
value  or  amount ;  if  not,  then  to  the  value  of  such  goods 
or  effects,  or  to  the  amount  of  such  debt.  And  a  scire-fa- 
cias  may  be  taken  out  from  the  clerk  of  the  court,  where 
the  judgment  was  rendered,  to  be  served  upon  such  at- 
torney, agent,  factor,  trustee,  or  debtor,  requiring  him  to 
appear  before  such  court,  and  shew  cause,  if  any  he  have, 
Mode  of  trial,  to  the  contrary  :  and  it  shall  be  lawful  for  the  plaintiff  to 
require,  artd  the  defendant  shall  have  right  to  disclose, 
on  oath,  whether  he  has  any  of  the  goods  or  effects  of  the 
absent  or  absconding  debtor  in  his  hands,  or  whether  he 
is  indebted  to  him;  and  the  parties  may  introduce  any  other 
proper  testimony,  respecting  such  fact.  And  if  it  be  found. 


Scire-iaeias. 


Title  37.     Foreign  Attachment.  239 

that  the  defendant  has  the  goods  or  effects  of  such  absent  Whenjudg- 
or  absconding  debtor  in  his  hands,  or  is  indebted  to  him,  Jeered  L 
or  if  he  makes  default  of  appearance,  or  refuses  to  dis-  gainst  gar- 
elose,  on  oath,  judgment  shall  be  rendered  against  him, 
as  for  his  own  debt,  to  be  paid  out  of  his  own  goods  or  es- 
tate, with  lawful  costs ;  and  execution  shall  be  granted 
accordingly  :  Provided,  that  if  it  appear  on  the  trial,  that  Limitation  of 
the  goods  or  effects  are  of  less  value,  and  the  debt  of  less  ^°^f 
amount  than  the  judgment  recovered  against  the  absent  JU  gmei 
or  absconding  debtor,  then  judgment  shall  be  rendered 
to  the  value  of  the  goods,  or  to  the  amount  of  the  debt  ; 
and  if  it  appear,  that  the  defendant  has  no  goods  or  effects 
in  his  hands,  of  such  debtor,  or  is  not  indebted  to  him, 
then  he  shall  recover  his  lawful  costs. 

SECT.  3.  When  a  scire-facias  shall  be  brought  against  When  scire- 
any  attorney,  agent,  factor,  trustee,  or  debtor  of  an  ab-  facias  shall  be 
sent  or  absconding  debtor,  on  a  judgment  rendered  by  a  fore ""usdce  of " 
justice  of  the  peace,  such  scire-facias  shall  be  signed  by  the  peace. 
the  justice  rendering  the  judgment :  and  where  the  de- 
mand does  not  exceed  thirty-five  dollars,  shall  be  made 
returnable  before  the  same  justice   of  the  peace ;  but 
where  the  demand  shall  exceed  thirty -five  dollars,  the 
same  shall  be  returnable  before  the  county  court,  in  that 
county  where  the  plaintiff  or  defendant  dwells  :  and  if  the 
justice,  rendering  such  iudgment,  shall  be  removed  from 
office,  by  death,  or  otherwise,  before  any  scire-facias  is 
taken  out  thereon,  such  writ  may  be  signed  by,  and  (when 
the  demand  does  not  exceed  thirty-five  dollars,)  be  made 
returnable  before,  any  justice  of  the  peace,  as  in  other 
cases;  but  where  the   demand  exceeds  thirty-five  dol- 
lars, such  writ  shall  be  made  returnable  before  the  coun- 
ty court,  as  aforesaid. 

SECT.  4.  The  taking  of  any  goods  or  effects  of  anyab-  Agent  or  debt- 
sent   or  absconding  debtor,  or  any   debt  due  to  him  as  or  discharged 
aforesaid,  by  process  and  judgment  of  law,  out  of  the  fromPrmcipal 
hands  of  his  attorney,  agent,  factor,  trustee  or  debtor,  by 
any  of  his  creditors,  shall  forever  discharge  him  01'  them 
from  any  suit  or  demand  for  the  same  :  and  if  sued,  for  any 
thing  done  in  compliance  with  this  act,  he  or  they  may 
plead  the  general  issue,  and  give  this  act  and  the  special 
matter  in  evidence. 

SECT.  5.  When  it  shall  appear  on  the  hearing  of  the  When  debt  is 
scire-facias,  that  the  debt  due  to  the  principal  is  not  yet  not.due»  e*e- 
payable,  the  court  shall  direct  the  execution  to  be  stay-  stayed.10 
ed,  until  the  time  the  debt  would  have  become  payable ; 
and  when  the  debt  was  not  payable  at  the  time  the  de- 
mand was  made,  on  the  execution,  the  court  shall  allow 
the  garnishee  his  reasonable  costs  for  defending  against 
sach  scire-facias,  to  be  deducted  out  of  the  debt  so  due. 


240  Title  37.     Foreign  Attachment. 

Mode  of  pro-  SECT.  6.  Whenever  a  scire-facias  shall  be  brought  to 
ceeding,  when  recover  a  debt  due  to,  or  the  goods  and  effects  of,  an  ab- 
debt  is  assign-  ,  ,.  -,  ,  ,  .  ° 

cd,  '      sent  or  absconding  debtor,  in  case  any  person  or  per- 

sons, either  jointly  or  severally,  claim  such  debt,  as  as- 
signee or  assignees  thereof,  or  such  goods  or  effects,  as 
owner  or  owners  thereof,  the  defendant,  in  such  scire- 
facias,  having  notice  or  knowledge  of  such  assignment, 
ownership,  or  claim,  may  give  notice  in  writing,  signed 
by  proper  authority,  and  duly  served,  to  such  claimant  or 
claimants,  or  his  or  their  attorney,  that  such  scire-facias 
is  pending,  and  he  or  they  may  appear,  if  they  see  cause. 
and  defend  against  such  scire-facias  ;  and  thereupon,  un- 
less such  claimant  or  claimants  shall,  within  such  time  as 
the  court,  before  whom  the  scire-facias  is  pending,  may 
direct,  give  to  such  defendant  sufficient  security,  to  the 
approbation  of  the  court,  to  indemnify  him  against  all 
costs,  he  may  suffer  judgment,  by  default,  or  otherwise, 
to  be  given  against  him,  on  such  scire-facias  ;  which 
shall  be  a  bar  to  the  claim  of  the  assignee  or  assignees  of 
the  debt,  or  the  owner  or  owners  of  the  goods  or 
effects;  and  the  defendant  may  give  the  same  in  evidence, 
under  the  general  issue,  in  an  action  brought  to  recover 
the  debt,  or  the  value  of  the  goods  or  effects.  And  in 
case  such  assignee  or  assignees,  owner  or  owners,  shall  give 
such  security,  and  make  effectual  defence  against  the 
scire-facias,  he  or  they  shall  be  entitled  to  the  bill  of 
costs,  that  shall  be  recovered  against  the  plaintiff;  but  if 
he  or  they  fail  to  make  effectual  defence,  the  judgment 
that  may  be  rendered  on  the  scire-facias  against  the  de- 
fendant, shall  be  a  bar  to  any  claim  against  him,  and  he 
may  give  it  in  evidence  under  the  general  issue. 
If  defendant  SECT.  7.  Whenever  the  assignee  of  a  debt,  or  the  own- 
refuses  to  dis-  er  of  goods  or  effects,  shall  have  given  security,  pursuant 
take'no  beae-  to  this  act'  if  the  defendant,  on  due  notice  given  him, 
tit  of  this  act.  shall  neglect  to  appear  and  disclose,  on  oath,  if  required, 
on  the  trial  of  such  scire-facias  ;  or  in  case  a  commission 
shall  be  issued,  shall  neglect  to  make  disclosure  before 
the  commissioners  ;  he  shall  take  no  benefit  of  this  act. 
nor  of  the  security  given  as  aforesaid. 

When  original  SECT.  8.  In  case  any  action  shall  be  commenced,  or 
creditor  recov-  having  been  commenced,  shall  be  prosecuted,  in  the 


' 


tax'edTat  dis-6  name  of  the  original  creditor,  to  recover  any  debt, 


or  n 


the  name  of  any  person  claiming  to  be  owner,  to  recov- 
er the  value  of  any  goods  or  effects,  while  such  debt, 
goods,  or  effects  are  under  the  lien  of  a  foreign  attach- 
ment, it  shall  be  in  the  discretion  of  the  court,  according 
to  the  circumstances  of  the  case,  if  final  judgment  be 
rendered  in  favor  of  the  plaintiff,  to  allow  costs  to  the  de- 
fendant, to  be  deducted  out  of  such  debt,  or  out  of  thr 


Title  37.     Foreign  Attachment.  241 

value  of  such  goods  or  effects,  or  to  allow  costs  to  the 
plaintiff,  or  t~»  allow  no  costs  to  either  party. 

SECT.  9.  The  court  before  which  a  scire-facias  shall  Commission 
he  pending,  shall  have  power  to  issue  a  commission  to  ">ay  be  grant- 
take  the  disclosure  of  the  defendant,  on  oath,  whenever,  ^os^ake  d 
on  account  of  his  living  out  of  the  state,  or  his  being 
about  to  go  out  of  the  same,  or  his  being  unable  to  trav- 
el, through  age,  sickness,  or  bodily  infirmity,   the  court 
shall  judge  it  to  be  reasonable. 

SECT.  10.  The  goods  or  effects,  or  debts,  of  an  absent  when  demand 
or  absconding  debtor,  shall  not  be  holden  or  secured  in  must  be  made 
the  hands  of  his  attorney,  agent,  factor,  trustee,  or  debt-  °fga^suht^n 
or.  by  virtue  of  any  judgment  rendered  against  the  debtor, 
unless  they  shall  be  demanded  of  them  within  sixty  days 
after  the  rendition  of  the  judgment.  And  no  writ  of  scire-  Limitation  of 
facias  shall  be  maintained  against  such  attorney,  agent,  scire-facias. 
factor,  trustee,  or  debtor,  unless  the  same  be  brought  with- 
in one  year  next  after  the  right  of  taking  out  or  bringing 
the  same,  shall  have  accrued. 

SECT.  11.  And  the  plaintiff,  in  a  suit  by  foreign  attach-  Disclosure  in 
ment,  may,  at  his  discretion,  insert  in  the  writ,  a  direction  sujt  assist 
to  the  attorney,  agent,  factor,  trustee,  or  debtor  of  the  the  debtor. 
defendant,  to  appear  before  the  court  to  which  the  same 
is  returnable,  to  answer  and  disclose,  on  oath,  whether  he 
has  in  his  hands  the  goods  or  effects  of  the  defendant,  or 
is  indebted  to  him ;  and  if  such  garnishee  shall  appear, 
the  court  are  hereby  impowered  to  examine  him,  on  oath, 
respecting  the  same,  and  to  make  other  enquiry,  by  prop- 
er testimony  ;  and  if  it  shall  appear  to  them,  that  such 
garnishee  has  not  the  goods  or  effects  of  the  defendant  in 
his  possession,  or  is  not  indebted  to  him,  he  shall  be  enti- 
tled to  recover  his  costs,  and  judgment  shall  be  rendered 
in  his  favor  therefor.  But  if  it  shall  appear  from  such  ex- 
amination, that  such  garnishee  has  in  his  possession  goods 
and  effects  of  the  defendant,  or  is  indebted  to  him,  then 
the  court  shall  ascertain  the  amount,  and  the  same  shall 
be  sufficient  evidence  to  authorize  the  court  to  reader 
judgment  therefor,  in  favor  of  the  plaintiff,  on  a  scire-fa- 
cias against  the  garnishee.  if  he  shall  refuse  to  deliver  such 
goods  and  effects,  or  pay  such  debt,  when  lawfully  de- 
manded, on  an  execution  that  may  be  duly  obtained  in  a 
suit  against  the  absent  and  absconding  debtor ;  unless  the 
garnishee  can  prove,  by  new  and  further  evidence,  that 
he  had  not  in  his  possession  the  goods  and  effects  of 
such  debtor,  and  is  not  indebted  to  him. 

SECT.  12.  But  if  the  garnishee  shall  neglect  or  refuse  Garnishee 
to  appear  at  the  court  to  which  the  writ  is  returned,  with-  refusing  to  ap- 
out  reasonable  excuse,  or  shall  refuse  to  disclose  on  oath,  J^ 
whether  he  has  any  goods  or  effects  of  the  defendant  in  for  cost*. 
31 


242  Title  38.     Forms. 

his  possession,  or  is  indebted  to  him ;  then,  if  the  plaintiff 
shall  bring  a  scire-facias  against  him,  on  a  judgment  re- 
covered against  the  defendant  in  the  suit,  such  garnishee 
shall  be  liable  to  pay  all  the  costs  that  shall  have  accru- 
ed, though  it  shall  appear  that  he  had  not  any  of  the  goods 
or  effects  of  the  absent  and  absconding  debtor  in  his  pos- 
session, and  was  not  indebted  to  him  ;  and  execution  shall 
issue  against  him,  to  pay  the  same  out  of  his  estate. 
Plaintiff  with-  SECT.  13.  When  the  garnishee  appears  at  the  return  of 
drawmgsuit,  the  wrjt,  and  submits  to  an  examination,  and  it  is  found 
[s>  that  he  has  the  goods  or  effects  of  the  absent  and  abscond- 
ing debtor  in  his  possession,  or  is  indebted  to  him  ;  then, 
if  the  plaintiff  withdraws  his  suit,  or  fails  to  recover  judg- 
ment against  the  defendant,  such  garnishee  shall  be  enti- 
tled to  recover  his  lawful  costs ;  and  the  court  shall  issue 
execution  for  the  same  accordingly. 

TITLE  38.     Forms. 

An  Act  prescribing  Forme  of  Writs  and  Proces- 
ses. 

TT^E  it  enacted  by  the  Senate  and  House  of  Rep- 
MJ  resentatives,  in  General  Assembly  convened, 

Forms  ofwrits  That  tne  following  several  forms  of  writs  and  processes, 
established.       in  civil   causes,  here  under-written,  be,  and  they  are 
hereby  established   to  be  the  forms  to   be   used  in  this 
state,  by  the  respective  officers  therein. 

Summons  be-  SECT.  2.  Summons  for  appearance  before  a  justice  of 
fore  a  justice  of  the  peace. 

the  peace.         -j;o  tne  sheriff  of  the  county  of  H.  his  deputy,  or 

either  of  the  constables  of  the  town  of  G.         within 
said  county  :  Greeting. 

BY  authority  of  the  state  of  Connecticut,  you  are 
hereby  commanded  to  summon  A.  B.  of  G.  aforesaid,  to 
appear  before  J.  H.  Esq.  justice  of  the  peace  for  the 
county  aforesaid,  at  in  H.  on  the  day  of  at 
of  the  clock  in  the  noon ;  then  and  there  to  answer 
to  C.  D.  of  W.  in  a  plea  of  which  is  to  the  damage 

of  the  said  C.  D.  dollars,  and  he  therefore  brings 
this  suit.  And  of  this  writ,  with  your  doings  therein, 
make  due  return.  Dated  at  H.  the  day  of 

Anno  Domini,  J.  H. 

SECT.  3.  Attachment  before  a  justice  of  the  peace. 
To  the  sheriff,  ^c. 

Attachment  BY  authority  of  the  state  of  Connecticut,  you  are 
be  i.  ••  „/ itice  hereby  commanded  to  attach  the  gooo.^  or  estate  of  A.  B. 
of  the  peace.  of  F>  aforesaid)  to  ine  Vaiue  of  dollars,  and  for  want 


Title  38.     Forms.  213 

thereof,  to  attach  the  body  of  the  said  A.  B.  (if  he  may 
be  found  in  your  precincts)  and  him  safely  keep,  so  that 
he  may  be  had  before  J.  H.  Esq.  justice  of  the  peace  for 
the  county  aforesaid,  at  (sufficient  bond  for  prose- 

cution being  given.)  Hereof  fail  not,  and  make  due  re- 
turnof  thiswrit,withyourdoingstherein.&:c.  Dated,  fcc. 

The  like  for  summons   and  attachments  to  the  county 
courts,  mutatis  mutandis. 

SECT.  4.  An  execution  granted  by  a  justice  of  the 
peace. 

To  the  sheriff  of  the  county  of  H.  &c.  Greeting. 
WHEREAS  C.  D.  of  W.  on  the  day  of  before  Execution 

J.  H.  Esq.  justice  of  the  peace  for  the  county  aforesaid,  grai?ted  by 

recovered  judgment  against  A.  B.  of  H.  for  the  sum  of  ^ 
dollars,         cents,   debt,  '(damages)  and  for- the  sum 

of         dollars,         cents,  costs  of  suit,  as  appears  of  re- 
cord:  Whereof  execution  remains  to  be  done. 

THESE  are  therefore,  by  authority  of  the  state  of  Con- 
necticut, to  command  you,  That  of  the  money  of  the 
said  A.  B.,  or  of  his  goods,  chattels  or  lands  within  your 
precincts,  you  cause  to  be  levied,  and  (the  same  being 
disposed  of  as  the  law  directs)  paid  and  satisfied  unto  the 
said  C.  D.,  the  aforesaid  sums,  being  dollars,  cents, 
in  the  whole  ;  and  also,  that  out  of  the  said  monies,  goods 
.or  chattels  you  levy  seventeen  cents  more  for  this  writ, 
together  with  your  own  fees. 

And  for  want  of  such  money,  goods,  chattels  or  lands 
of  the  said  A.  B.,  to  be  by  him  shewn  unto  you,  or  found 
within  your  precincts,  for  satisfying  the  aforesaid  sums, 
you  are  hereby  commanded  to  take  the  body  of  the  said 
A.  B.,  and  him  commit  unto  the  keeper  of  the  gaol  in  H. 
in  the  county  aforesaid,  within  the  said  prison  ;  who  is 
likewise  hereby  commanded  to  receive  the  said  A.  B. 
and  him  safely  keep,  until  he  pay  unto  the  said  C.  D.  the 
full  sums  above-mentioned,  and  be  by  him  released,  and 
also  satisfy  your  fees.  Hereof  fail  not,  and  make  due 
return  of  this  writ,  with  your  doings  therein,  unto  the 
said  J.  H.  Esq.  within  sixty  days  next  coming.  Dated  at 
H.  this  day  of,  &c.  J.  H. 

SECT.  5.  Execution  out  of  the  superior  court  and  coun- 
ty courts,  respectively. 

To  the  sheriff  of  the  county  of  H.  &c.         Greeting. 
WHEREAS  C.   D.   of  W.    recovered  judgment   against  Execution 

A.  B.  of  F.  before  the         court,  holden  at  H.  within  the  from  su^rior 

t  •  j  i  rn       j          f  f         i  or  county 

county  aforesaid,   on  the          Tuesday  of        for  the  sum  court. 

of         dollars,         cents,  debt,  (damages)  and         dollars 
cents,  costs  of  suit,   as  appears  of  record:   Whereof 
execution  remains  to  be  done. 

THESE  are  therefore,  by  authority  of  the  state  of 
Connecticut,  to  command  you,  That  of  the  goods,  chat- 


244  Title   38.     Forms. 

tels  or  lands  of  the  said  A.  B.,  within  your  precincts,  you 
cause  to  be  levied  (and  the  same  being  disposed  of.  or 
appraised,  as  the  law  directs)  paid  and  satisfied  unto  the 
said  C.  D.,  the  aforesaid  sums,  being  dollars  cents, 
in  the  whole  ;  with  cents  more  for  this  writ,  and 

thereof  also  to  satisfy  yourself  for  your  own  fees.  And 
for  want  of  such  goods,  chattels  or  lands  of  the  said  A.  B., 
to  be  by  him  shewn  unto  you,  or  found  within  your  pre- 
cincts, to  the  acceptance  of  the  said  C.  D.,  for  satisfying 
the  aforesaid  sums,  you  are  hereby  commanded  to  take 
the  body  of  the  said  A.  B.,  and  him  commit  unto  the 
keeper  of  the  gaol  in  H.,  in  the  county  aforesaid,  within 
the  said  prison ;  who  is  likewise  hereby  commanded  to 
receive  the  said  A.  B.,  and  him  safely  to  keep  until  he  pay 
unto  the  said  C.  D.  the  full  sums  above-mentioned,  and 
be  by  him  released,  and  also  satisfy  your  fees.  Here- 
of fail  not,  and  make  due  return  of  this  writ,  with  your 
doings  therein.  Dated  at  H.  i-c.  E.  K.  Clerk. 

Summons  for         SECT.  6.  Summons  or  subpoena  for  witnesses. 

witnesses.  To  A.  B.  and  C»  D.  &C. 

BY  authority  of  the  state  of  Connecticut,  you  are 
hereby  commanded  to  appear  before  the  court 
to  be  holden  at  F.  on  the  Tuesday  of  to  testify 
what  you  know  in  a  certain  action  now  depending  in  the 
said  court,  between  E.  F.  of  H.  plaintiff,  and  G.  H.  of 
M.  defendant,  in  an  action  of  Hereof  fail  not,  under 
the  penalty  of  the  law  in  that  case  provided.  Dated  at 
H.  4  c.  D.  E.  Clerk. 

~  SECT.  7.  A  warrant  of  replevin  before  the  county  court. 

To  the  sheriff  of  F.  &c.  Greeting. 

BY  authority  of  the  state  of  Connecticut,  you  are 
hereby  commanded,  justly,  and  without  delay,  to  cause  to 
be  replevied  to  T.  C.,  of  S.  his  beasts,  to  wit,  now 
distrained  or  impounded  by  S.  H.  of  N.,  and  by  him  un- 
justly detained,  as  it  is  said  :  and  you  are  to  summon  the 
said  S.  H.  to  appear  before  the  next  county  court  to  be 
holden  at  F.,  in  and  for  the  said  county,  on  the  Tues- 
day of  next ;  then  and  there  to  answer  unto  the  said 
T.  C.,  in  a  plea  of  trespass,  wherein  the  said  T.  C.  com- 
plains, that  the  said  S.  H.,  on  the  day  of,  &c.  at 
M.,  in  a  certain  place,  called  &c.  took  the  said  beasts, 
that  is  to  say,  and  them  unjustly  impounded  and 
detained  as  aforesaid,  until  this  time ;  which  is  to  the 
damage  of  the  said  T.  C.,  as  he  saith,  the  sum  of 
dollars,  and  therefore  he  brings  this  suit,  &c.  (the  said 
T.  C.  having  given  bond  according  to  law.)  Hereof  fail 
not,  and  make  due  return  of  this  writ,  with  your  doing* 
therein,  ^c. 

Dated,  &c.  J.  H.  Justice  of  Peace. 


Titk  38.     Forms.  245 

The  like  for  a  writ  of  replevin  before  a  justice  of 
the  peace,  mutatis  mutandis.  i 

SECT.   8.   Bond  on  writ  of  replevin.  Bond  on  writ 

YOU,  A.  B.  and  C.  D.  of  acknowledge  yourselves,  of  replevin, 
jointly  and  severally,  bound  to  E.  F.  of  in  a  recogniz- 
ance of  dollars,  that  G.  H.  of  shall  prosecute 
the  writ  of  replevin,  he  hath  now  taken  out  against  the 
aaid  E.  F.  at  the  next  county  court,  to  be  holden  at 
on  the  Tuesday  of  next,  (or,  before  the 
justice  of  the  peace  to  whom  the  same  is  returnable,)  to 
full  effect ;  and  in  case  he  make  not  his  plea  good,  satisfy 
such  demands  and  dues  as  the  said  E.  F.  shall  recover 
against  him. 

SECT.  9.  Bond  where  a  person,  not  a  party  to  the  suit,  Bond  on  writ 
replevies  estate  attached.  of  replevin  by 

YOU  A.  B.  and  C.  D.  of         acknowledge  yourselves,  one  not  a  party 
jointly  and  severally,  bound  to  E.  F.  of        in  a  recogniz-  to  ** 8mt 
ance  of        dollars,  that  G.  H.  of        shall  prosecute  the 
writ  of  replevin,  that  he  hath  now  taken  out  against  the 
said  E.  F.  at  the  next  county  court,  to  be  holden  at 
on  the         Tuesday  of        next,  (or,  before  the  justice  of 
the  peace  before  whom  the  same  is  made  returnable,)  and 
in  case  he  fail  to  make  his  plea  good,  to  return  and  rede- 
liver  the  goods  directed  to  be  replevied  to  J.  K.,  the 
officer,  who  attached  the  same,  in  a  suit  in  favor  of  said 
E.  F.  against  L.   M.,  of        so  that  they  may  be  forth- 
coming to  be  taken  on  the  execution  that  may  be  recov- 
ered by  said  E.  F.  in  said  suit;  and  on  failure  thereof,  to 
pay  the  debt,  damages  and  costs,  that  maybe  recovered  in 
said  suit. 

SECT.  10.  Bond  for  prosecution.  B    ,  f    n 

YOU  C.  S.  and  E.  C.  of  H.  acknowledge  your-  secution. 
selves,  jointly  and  severally,  bound  to  J.  L.  of  in  a 
recognizance  of  dollars,  that  T.  R.  of  W.  shall  pro- 
secute the  attachment  he  hath  now  taken  out  against  the 
said  J.  L.  at  the  next  county  court,  to  be  holden  at 
H.  on  the  Tuesday  of  next,  to  full  effect ;  and 

answer  all  costs  and  damages,  in  case  he  make  not  his 
plea  good.  Taken  and  acknowledged  in  H.,  the  day 
of,  &c.  before  me,  J.  W.  Justice 

of  the  peace. 

SECT.  11.  A  warrant  for  collecting  rates. 
To  A.  B.  collector  of  the  town  rate  of  the  town  of,  &c. 

Greeting. 

BY  authority  of  the  state  of  Connecticut,  you  are  here-  Warrant  for 
by  commanded  forthwith  to  levy  and  collect  of  the  per-  collecting 
sons  named  in  the  annexed  list,  herewith  committed  to    own  rate*  - 
you,  each  one  his  several  proportion,  as  therein  set  down, 
of  the  eum  total  of  such  list ;  being  a  tax  or  assessment 


246 


Title  39.     Frauds  and  Perjuries. 


Proviso,  as  to 
use  of  other 
forms. 


granted  and  agreed  upon,  by  the  inhabitants  of  the  said 
town  of,  &c.  regularly  assembled  on  the  day  of  for 
the  defraying  of  the  necessary  charges  arising  within  the 
same  ;  and  to  deliver  and  pay  the  sum  and  sums,  which 
you  shall  so  levy  and  collect,  unto  the  treasurer  of  the 
said  town,  (or  to  C.  D.,  being  by  said  town  appointed  to 
receive  the  same)  at  or  before  the  day  of  :  And 
if  any  person  or  persons  shall  neglect  or  refuse  to  make 
payment  of  the  sum  or  sums,  whereat  he  or  they  are 
respectively  assessed,  and  set  in  the  said  list,  to  distrain 
the  goods  or  chattels  of  such  person  or  persons,  and  the 
same  dispose  of,  as  the  law  directs  ;  returning  the  over- 
plus (if  any  be)  unto  the  owner  or  owners.  And  for 
want  of  goods  and  chattels,  whereon  to  make  distress,  you 
are  to  take  the  body  or  bodies  of  the  person  or  per- 
sons so  refusing,  and  him  or  them  commit  unto  the  keeper 
of  the  gaol  of  the  said  county,  within  the  said  prison ; 
who  is  hereby  commanded  to  receive  and  safely  keep  him 
or  them,  until  he  or  they  pay  and  satisfy  the  said  sum  or 
sums  assessed  upon  him  or  them,  as  aforesaid,  together 
with  your  fees  ;  unless  the  said  assessment,  or  any  part 
thereof,  upon  application  made  to  the  county  court,  shall 
be  abated. 

Dated  at  G.  &c. 

SECT.  12.  Always  provided,  and  it  is  further  enact  ed^ 
That  it  shall  be  lawful  fqr  any  person  or  persons  within 
this  state,  as  often  as  occasion  shall  require,  to  make  use 
of  other  and  diverse  forms  than  what  are  before  in  this 
act  prescribed,  so  that  the  substance  of  the  matter  or 
action  be  well  contained  therein,  according  to  law. 

TITLE  39.     Frauds  and  Perjuries. 

An  Act  for  the  prevention  of  Frauds  and  Perju- 
ries. 


Preamble. 


Contracts  to 
charge  execu- 
tors, &c. 
to  answer  for 
the  debt,  &c. 
of  another ; 


For  the  prevention  of  many  fraudulent  practices,  which 
are  commonly  endeavored  to  be  upheld  by  perjury, 
and  subornation  of  perjury  : 

1  13  E  it  enacted  by  the  Senate  and  House  of  Rep- 
fj  resentatives,  in  General  Assembly  convened, 
That  no  suit,  in  law  or  equity,  shall  be  brought  or  main- 
tained upon  any  contract  or  agreement,  whereby  to 
charge  any  executor  or  administrator,  upon  any  special 
promise,  to  answer  damages  out  of  his  own  estate  ;  or 
whereby  to  charge  the  defendant  upon  any  special  prom- 
ise to  answer  for  the  debt,  default,  or  miscarriage  of  an- 


Title  40.     Fraudulent  Conveyances.  ~>47. 


other  person  ;  or  to  charge  any  person  upon  any  agree- 
ment  made  upon  consideration  of  marriage  ;  or  upon  any  riage; 
contract  for  the  sale  of  lands,  tenements,  or  heredita-  for  the  sale  of 
ments,  or  any  interest  in,  or  concerning  them  ;  or  upon  lands; 
any  agreement  that  is  not  to  be   performed  within  the 
space  of  one  year  from  the  making  thereof;  unless  the 
contract  or  agreement,  upon  which  such  action  shall  be 
brought,  or  some  memorandum  or  note  thereof,  shall  be      beinwrit 
made  in  writing,  and  signed  by  the  party  to  be  charged  j      signed,  " 
therewith,  or  some  other  person  thereunto  by  him  law-  &c.' 
fully  authorized. 

SECT.  2.  And  be  it  further  enacted,  That  no  contract  Contracts  for 
for  the  sale  of  any  goods,  wares,  and  merchandize,  for  the  the  jale  of 
price  of  thirty-five  dollars,  or  upwards,  shall  be  allowed  JSStrf 
to   be  good,  except  the  buyer  shall  accept  part  of  the  thirty-five 
goods  so  sold,  and  actually   receive  the  same,  or  give  dollars,  when 
something  in  earnest,  to  bind  the  bargain,  or  in  part  of    in     g' 
payment,  or  some  note  or  memorandum,  in  writing,  of 
the  said  bargain,  be  made  and  signed  by  the  parties  to  be 
charged  by  such  contract,  or  their  agents   thereunto  lawful- 
ly #uthorized.(l) 

(1)  This  act  is  copied  from  a  statute  this  revision.     Before  this  time,  almost  all 

passed  in  England,   32   Car.    2.  and  was  parol  contracts  were  valid  :  no  statute  has 

first  enacted  in  1771.     The  clause  respect-  made  a  greater  alteration  and  improve- 

ing  the   sale  of  goods,  above  the  value  of  ment  of  the  common  law. 
thirty-five  dollars,  was  not  introduced  till 


TITLE  40.     Fraudulent  Conveyances. 
An  Act  against  Fraudulent  Conveyances. 

1  T^^  *'  fnacted  %  the  Senate  and  House  of  Rep- 
J.3  resentatives,  in  General  Assembly  convened, 
That  all  fraudulent  and  deceitful  conveyances  of  lands  Fraudulent 
and  tenements,  or  any  interest  in  them,  and  of  goods  and  ^njerance 
chattels,  and  all  bonds,  suits,  judgments,  executions,  or 
contracts,  made  with  intent  to  avoid  any  debt,  or  duty,  of 
others,  shall  be  utterly  void,  as  against  those  persons  on- 
ly, their  heirs,  executors,  administrators,  or  assigns,  whose 
debt  or  duty  is  endeavored  to  be  avoided  ;  notwithstand- 
ing any  consideration,  upon  which  such  contract  may  be 
pretended  to  have  been  made. 

SECT.  2.  And  all  the  parties  to  such  fraudulent  con-  Punishment 
tract,  knowing  the  fraud,  who  shall  wittingly  justify  the  for  makin£ 
same,  as  being  done  bonajide,  and  on  good  consideration,       m> 
shall  forfeit  one  year's  value  of  the  land,  and  the  whole 
value  of  the  goods  and  chattels,  and  as  much  money  a? 


248  Title  41.     Gaming. 

shall  be  contained  in  such  fraudulent  bond  or  contract; 
one  half  to  the  party  aggrieved,  who  shall  sue  for  and 
prosecute  the  same  to  effect,  and  the  other  half  to  the 
treasury  of  the  state.(l) 

(1)  This  statute  was  probably  borrow-  ted  as  obsolete  ;  and  a  singular  provisioa 
ed  from  the  English  statute  of  l3Elis.  c.  5.  that  the  party  should  be  punished  for  the 
but  was  expressed  in  plain  language,  fraudulent  conveyance,  unless  he  could 
very  different  from  the  verbosity  which  prove,  by  two  witnesses,  that  the  crinvey- 
characterises  the  statutes  of  England,  at  ance  was  bona  fide,  has  been  omitted  as  su- 
that  period.  It  first  appears  in  the  revis-  perfluous.  It  has  been  decided,  that  a  con- 
ion  of  1702,  and  has  undergone  no  altera-  veyance  by  a  fraudulent  grantee  to  a  pur- 
tion,  except  that  at  the  revision  of  1750  the  chaser  for  a  valuable  consideration,  without 
word  "  contracts"  was  added.  At  this  notice  of  the  fraud,  is  v^  id  as  it  respect* 
time,  imprisonment  for  half  a  year,  as  a  the  creditors  of  the  fraudulent  grantor 
punishment  for  the  offence,  has  been  omit-  1  Conn.  Rep.  521. 


TITLE  41.     Gaming. 
An  Act  to  prevent  Gaming. 

-    1  BE  it  enacted  by  the  Senate  and  Howie  of  Reprc- 
'  JLJ  sentatives,  in  General  Assembly  convened,  That 
Gaming  con-     a^  contracts  and  securities,  made  and  entered  into,  by  any 
tracts  to  be       person  or  persons  whatsoever,  where  the  whole,  orany  part 
void.  of  the  consideration  of  such  contract  or  security,  shall  be 

for  money,  or  other  valuable  things  whatsoever,  won,  laid, 
or  betted,  at  cards,  dice,  tables,  tennis,  bowls,  or  any  oth- 
er game  or  games  whatsoever,  or  at  any  horse-race,  or 
other  sport,  or  pastime,  or  any  wager  whatsoever,  or  for 
reimbursing  or  repaying  any  money,  knowingly  lent  or 
advanced,  at  the  time  and  place  of  such  play,  horse-ra- 
cing, or  other  sport  or  pastime,  to  any  person  or  persons 
so  gamiiig,  betting,  or  wagering,  or  that  shall,  at  such  time 
and  place,  so  play,  bet  or  wager,  shall  be  utterly  void. 
Money  lo«t  at  SECT.  2.  If  any  person  or  persons,  at  any  time  hereaf- 
gamingmay  ter,  within  the  space  of  twenty-four  hour?,  by  playing  at 
be  recovered  any  game  or  games  whatsoever  or  by  betting  on  the  sides 
back,  by  the  Of  nan(js  of  sucfo  as  do  play  at  any  game  or  games,  shall 
lose  to  any  one  or  more  person  or  persons  so  playing,  or 
betting,  the  sum  or  value  of  one  dollar  in  the  whole,  and 
shall  pay  and  deliver  the  same,  or  any  part  thereof;  the 
person  or  persons  so  losing  and  paying,  or  delivering  the 
same,  shall  be  at  liberty,  within  three  month:  then  next 
following,  to  sue  for  and  recover  the  mercy,  o  ihe  val- 
ue of  any  goods  so  lost,  and  paid  01  delivered,  or  ;  y 
part  thereof, from  the  respective  winnc.  or  \\ 
of,  with  costs  of  suit,  by  action  of  debt,  founded  o  ftjsait, 
to  be  recovered  in  any  court  of  record,  hav;»i£  cogni- 


Title  41.      Gaming.  249 

of  the  sum  or  value  thereof;  in  which  action  it  Mode  of  de- 
shall  be  sufficient  for  the  plaintiff  to  allege,  that  the  de-  clariuS- 
fendant  is  indebted  to  the  plaintiff,  or  received  to  the 
plaintiff's  use,  the  money  so  lost  and  paid,  or  the  value  of 
the  goods  won  of  the  plaintiff,  whereby  the  plaintifPs  ac- 
tion accrued  to  him,  according  to  the  form  of  this  act, 
without  setting  forth  the  speciaf  matter:  And  the  defend- 
ant  in  such  action,  shall  be  obliged  to  answer,  upon  oath, 
relative  to  the  discovery  of  the  money,  or  other  things, 
so  won  at  play  as  aforesaid,  if  the  plaintiff  shall  desire 
the  same  ;  and  if  the  defendant  shall  refuse  to  testify  as 
aforesaid,  judgment  shall  pass  against  him,  as  in  case  of 
nihil  dicit. 

SECT.  3.  In  case  the  party  losing  such  money,  or  other  Any  other  per- 
thing,  as  aforesaid,  shall  not,  within  the  time  aforesaid,  ^moYevTost 
really  and  bona  fide,  without  covin  or  collusion,  sue,  and  in  gaming,   if 
with  effect  prosecute,  for  the  money  or  <other  thing,  so  loser  do  not. 
lost  and  paid  or  delivered,  it  shall  and  may  be  lawful  to 
and  for  any  other  person,  by  action  founded  on  this  act, 
to  sue  for  and  recover  treble  the  value  thereof,  with  costs 
of  suit,  against  such  winner  or  winners  as  aforesaid,  the 
one  moiety  thereof  to  the  use  of  the  person  suing  for  the 
same,  and  the  other  moiety  for  the  use  of  the  county 
wherein  said  offence  shall  be  committed.     Provided  al-  Defendant's 
ways,  that  whenever  the  defendant  shall,  upon  the  re-  disclosure  not 
quest  of  the  plaintiff,  disclose,  upon  oath,  according  to  g^inturim^ou 
the  provision  herein  before  made,  the  facts  by  him  dis-  a  public  pros- 
closed  in  such  action,  shall  not  be  admitted  in  evidence  ecution. 
against  him,  upon  any  public  prosecution  for  the  same 
offence. 

SECT.  4.  On  information  made,  in  writing,  or  other-  Search  war- 
wise,  by  any  informing  officer,  or  by  the  select-men  in  [.an \f°r  ^ '"  £ 
any  town,  or  the  major  part  of  them,  that  he  or  they  cTtable,  &c. 
have  cause  to  suspect  that  any  billiard  table,  or  E  O  ta- 
ble, is  kept  or  concealed  in  any  housebuilding  or  place, 
in  their  town,  and  shall  specify  such  house,  building  or  place, 
it  shall  be  lawful  for  any  two  justices  of  the  peace  for  that 
county,  to  issue  their  warrant,  directed  to  any  proper  of- 
ficer, or,  if  need  require,  to  an  indifferent  person,  him  re- 
quiring, taking  to  himself  proper  assistance,  to  enter  such 
house,  building  or  place,  and  search  for  such  table,  and 
on  finding  the  same,  the  same  to  seize  and  carry  away,  Tobeseized, 
and  to  make  return  of  his  doings.     And  in  case  any  such 
table  shall  be  seized,  by  virtue  of  such  warrant,  such  au- 
thority shall  give  order  to  such  officer  or  indifferent  per- 
son, to  destroy  the  same,  or  shall  cause  the  same  to  be  and  de*tr°yed- 
destroyed. 

SECT.  5.  Whenever  any  person  shall  be  charged  with 
playing  at,  or  betting  upon,  any  game  prohibited  by  law, 
32 


Title  42.     Gads. 

or  with  winning  or  losing  any  money,  or  other  valuable 
thing,  by  play  or  hazard,  upon  such  game,  or  with  suffer- 
ing any  game,  betting,  or  hazarding,  to  be  played  or  prac- 
tised, contrary  to  law,  or  with  owning,  possessing,  or  shar- 
ing in  any  billiard  table,  E  O  table,  faro-bank,  or  fund  for 
gaming,  contrary  to  law.  he  or  she  shall  be  required  to  be- 
come bound,  for  his  or  her  appearance,  before  the  county 
court,  for  trial,  forany  of  said  offences:  he  or  she  shall  also  be 
required  to  become  bound,  in  another  or  further  recog- 
mzance>  w^h  sufficient  surety  or  sureties,  for  his  or  her 
havior.  good  behavior,  until  and  during  the  session  of  such  court ; 

which  recognizance  shall  be  to  the  treasurer  of  the  coun- 
ty, in  the  sum  of  one  hundred  dollars,  and  shall  be,  by 
the  authority  taking  the  same,  certified  or  transmitted  to 
such  court.  And  such  court  may,  on  cause  shewn,  re- 
quire such  person  to  become  further  bound  in  a  recogni- 
zance, with  sureties,  in  such  sum  as  shall  seem  proper, 
for  his  or  her  good  behavior,  until  and  during  the  next 
What  shall  be  session  of  said  court.  And  if  any  person  shall,  during 
deemed  a  the  time  he  or  she  shall  be  bound  to  the  good  behavior, 
as  aforesaid,  be  guilty  of  any  of  the  offences  aforesaid,  the 
same  shall  be  taken  to  be  a  breach  of  his  or  her  good  be- 
havior, and  a  forfeiture  of  such  recognizance  ;  and 
judgment  shall  thereupon  be  awarded  for  the  amount 
thereof. 

TITLE  42.     Gaols. 
An  Act  concerning  Gaols  and  Gaolers. 

"JJE  it  enacted  by  the  Senate  and  House  of  Rep- 
SECT.         J£j  resentatives,  in  General  Assembly  convened* 
A.  gaol  to  be      That  there  shall  be  kept  and  maintained,  in  good  and  suf- 
county.6^        ficient  condition  and  repair,  a  common  gaol,  in  every 
county  town,  in  the  several  counties  in  this  state ;  and 
tiesTtwo  ^aols  there  shall  be  two  such  common  gaols  in  each  of  the  sev- 
shall  be  kept,  eral  counties  of  New-London,  Fairfield  and  Middlesex, 
to  wit,  one  in  each  of  the  towns  of  New-London,  Nor- 
wich, Fairfield,  Danbury,  Middletown  and  Haddam. 
Expense  of  SECT.  2.  The  whole  expense  of  building  such  gaols. 

nTairin  ^aol  (w^en  there  shall  be  occasion  therefor,)  and  of  keeping 
to^'defrfyed  them  in  repair,  shall  be  defrayed  by  the  respective  coun- 
by  the  county,  ties  to  which  the  same  belong. 

Power  of  tax- 1  SECT.  3.  The  judges  of  the  county  court,  and  justices 
ing  inhabit-  jof  the  peace  in  the  several  counties,  shall  have  full  pow- 
^n*Sl°r  build~i  er,  and  they  are  hereby  empowered,  to  tax  the  inhabit- 
™f'r/!i  ,^-  /  ants  of  their  respective  counties,  for  building,  repairing. 
S'  Of-  ;  and  furnishing  the  said  gaols,  as  need  shall  require. 


Title  42.     Gaols.  251 

SECT.  4.  The  several  county  courts  shall  have   full  County  court 
power,  and  they  are  hereby  empowered,  to  grant  execu-  ^^ecu-*0 
tion  to  levy  and  collect  any  tax  or  taxes  so  laid  as  afore-  cution; 
said;  and  to  appoint  a  collector  in  each   town  within  to  appoint  col- 
their  respective  counties,  as  often  as  occasion  shall  re-  lector»; 
quire,  to  collect  the  same  ;  which  collectors  shall  have 
the  same  powers  and  fees  as  collectors  of  the  state  taxes 
have.     And  in  case  any  person,  so  appointed  a  collec- 
tor, shall  refuse  to  serve,  such   collector,  so    refusing, 
unless  excused  by  the  county  court,  shall  pay  a  fine  of 
seven  dollars,  to  the  treasurer  of  the  county.     And  it 
shall  be  lawful  for  the  county  courts,  in  their  respective  to  displace 
counties,  to  displace  any  collector  of  county  taxes,  in  them: 
their  county,  for  just  and  reasonable  cause  ;  and  in  case 
any  such  collector  shall  be  so  displaced,  or  shall,  for  any 
reason,  fail  to  complete  the  collection  of  the  taxes  speci- 
fied in  the  rate-bills  committed  to  him,  the  county  court 
of  that  county,  shall  be  authorized  to  receive  the  rate- 
bills  of  such  collector,  and  to  appoint  some  meet  person  and  to  appoint 
to  collect  such  sums  as  remain  uncollected  on  such  rate-  others  to  finish 
bills ;  and  the  person  so  appointed  shall  have  the  same  the  collection- 
powers,  and  be  subject  to  the  same  regulations,  as  other 
collectors  of  county  taxes. 

SECT.  5.  The  county  treasurers,   under  the  direction  County  treas- 
of  the  respective  county  courts,  shall  give  out  their  war-  urer  to  issue 
rants  to  such  collectors,    to  levy  and  collect  such  tax  ;  JJfJJJJJ'g10 
and  in  case  any  such  collector  shall  neglect  or  refuse  to 
pay  the  same  into  the  county  treasury,  according  to  the 
direction  of  such  warrant,  the  county  treasurer  shall,  by 
warrant  under  his  hand,  directed  to  some  proper  officer,  tres^on  ^egH- 
make  distress  on  such  collector's  person  or  estate,  for  sat-  gent  collectors. 
isfying  such  sum  or  sums  as  shall  remain  unpaid,  of  the 
sum  or  sums  that  said  collector  was  ordered,  by  warrant 
to  him  directed,  to  levy  and  collect. 

SECT.  6.  Whenever  it  shall  be  necessary  to  build  a  Expense  of 
new  court-house,  or  to  repair  any  such  house,  in  any  conn-  buying  and 
ty  in  this  state,  the  expense  thereof  shall  be  defrayed  by  JoSt-house 
the  inhabitants  of  such  county  ;  and  the  taxes  that  may  to  be  defrayed 
be  necessary  for  that  purpose,  shall  be  levied  and  col-  by  *be  county, 
lected  in  manner  aforesaid. 

SECT.  7.  The  respective  sheriffs  in  the  several  coun-  sheriff  to  be 
lies  in  this  state,  for  the  time  being,  shall  have  the  charge  keeper  of  the 
and  custody  of  the  gaols  in  their  respective  counties  ;  and  £oal ; 
they  are  hereby  constituted  the  keepers  of  them,  and 
shall  and  may  put  in,  and  substitute  under  them,  such  may  appoint 
keepers  of  the  said  gaols  as  they  shall  see  cause,  and  under-keeper ; 
shall  be  responsible  for  all  damages  that  any  person  shall  jj^*  Hgable 
sustain,  by  the  escape  of  any  prisoner  out  of  such  gaol, 
through  the  fault  or  connivance  of  such  keepers,  or  any 


252  Title  42.     Gaols. 

other  person  whatsoever,  having  the  charge  of  such  gaols, 
and  for  all  under  such  sheriffs  ;  as,  also,  for  all  other  faults  and  neg- 
faults  of  under-  Hgences  of  such  under-keepers,  by  said  sheriffs  appoint- 

eeper.  e25  in  any  matters  respecting  said  trust. 

Liberties  of          SECT.  8.  The  several  county  courts,  in  their  respec- 
e£ao-  tive  counties,  shall  have  power  to  designate  a  certain 

reasonable  space  of  ground,  adjacent  to  each  gaol,  to  be 
denominated  the  liberties  thereof,  and  to  alter  the  same  as 
occasion  may  require.     And  it  shall  be  the  duty  of  the 
sheriff°as  t'o       sheriff  to  permit  any  person,  who  shall  be  in  his  custody, 
admitting         on  civil  process  only,  to  go  at  large  within  the  liberties  of 
prisoners  to      the  prison  so  designated  ;  provided  such    person  shall 
the  liberties.     procure  an(j  offer  to  the  sheriff  a  bond,  to  his  acceptance, 
with  one  or  more  sufficient  sureties,  conditioned,  that  he 
will  remain  a  faithful  prisoner,  within  the  limits  of  said 
liberties,  until  lawfully  discharged.     And  the  sheriff  shall 
New  security,  have  power  to  require  a  bond,  with  new  sureties,  when- 
ever he  shall  judge  it  to  be  necessary  ;  and  on  the  neg- 
fhTrifftocom-  lect  or  refusal  of  the   prisoner  to  procure  such  bond, 
mit  debtors  to  may  commit  him  to  close  confinement,  till  he  procure 
close  prison,      the  same.     And  the  sheriff  may  commit  any  debtor  to 
close  prison,  whenever  he  shall  find  that  such  debtor  has 
voluntarily  departed  from  the  liberties  of  the  gaol,  and 
returned  within  the  same,  if  he  shall  judge  it  to  be  neces- 
sary, to  secure  him  against  a  liability  for  the  escape  of 
such  debtor. 

Prisoners  to          SECT.  9.  Every  person  who  shall  be  committed  to  the 
bear  their  own  common  gaol,  within  any  county  in  this  state,  by  lawful 
authority,  for  any  offence  or  misdemeanor,  shall  bear  the 
expenses  of  conveying  him  or  her  to  the  said  gaol,  in- 
cluding necessary  guard,  and  also  of  his  or  her  support, 
while  in  gaol,  before  he  or  she  shall  be  discharged  ;  and 
the  estate  of  such  person  shall  be  subjected  to  the  pay- 
State  attomies  me°t  of  such  expenses  :  Provided,  that  the  state  attornies 
authorised  to    in  the  several  counties,  by  and  with  the  advice  of  the  su- 
discharge          perior  or  county  court,  shall  be,  and  they  are  hereby  au- 
den^n'lyfor '"     thorized,  a*  their  discretion,  to  discharge  from  imprison- 
fine  and  costs,  merit,  any  person  convicted  of  an  offence,  or  misdemean- 
or, and  holden  only  for  the  payment  of  fine  and  costs,  who 
hath  no  property,  or  means  of  satisfying  the  same,  taking 
his  or  her  note  therefor,  or  security,  if  obtainable. 
Fuel,  bedding,       SECT.   10.  Suitable  fuel  and  bedding  for  the  accommo- 
&c.  to  be  fur-     dation  of  debtors  closely  confined  in  gaol,  and  prisoners 
mshed.  committed  for  matters  of  a  criminal  nature,  shall,  as  oc- 

casion may  require,  be  furnished  in  each  county  in  this 
state,  under  the  direction  of  the  county  court  in  the 
county  ;  and  the  expense  thereof  shall  be  defrayed  in 
the  same  manner  as  the  expenses  of  the  county  court. 


Title  42.     Gaols.  253 

SECT.  11.  All  prisoners  shall  be  permitted  to  provide  Prisoners  to  be 
and  send  for  their  necessary  food,  where  they  please  ;  j^^^their 
and  to  use  such  bedding,  linen  and  other  necessaries,  be-  own  necessa- 
longing  to  them,  as  they  think  fit,  free  from  charge,  and  ries. 
without   their  being  purloined  and  detained.      And  no  Legal  fees  only 
keeper  of  a  common  gaol  shall  demand  of  any  prisoner  to  be  demand- 
greater  fees  for  his  commitment,  discharge  or  chamber-  e  ' 
room,  than  such  as  are  allowed  by  law. 

SECT.  12.  Prisoners  for  debt  shall  not  be  lodged  in  any  Debtors  not  to 
common  gaol,  in  the  same  room  with  criminals  :  and  if  be  lodged  m 
any  gaoler  or  keeper  of  a  prison  shall  offend  herein,  he  W1ethc™m^n-m 
shall  forfeit  and  pay  to  every  prisoner  for  debt,  aggriev-  als. 
ed  thereby,  treble  damages,  to  be  recovered  in  any  prop- 
er action,  by  virtue  of  this  act. 

SECT.  13.  If  any  keeper  of  a  common  gaol,  shall  do,  Keepernotto 
or  cause  to  be  done,  to  any  prisoner  committed  to  his  cus-  injure  prison- 
tody,  any  wrong  or  injury,  contrary  to  the  true  intent  of  er8' 
this  act,  he  shall  pay  treble  damages  to  the  party  aggriev- 
ed ;  and  also  such  fine,  not  exceeding  one  hundred  dol- 
lars, as  the  county  court  of  the  county  wherein  the  of- 
fence is  committed,  shall,  upon  information  or  complaint 
to  them  made,  considering  all  the  circumstances,  think 
fit  to  impose  upon  him. 

SECT.  14.  The  keeper  of  the  gaol  shall  not  be  obliged  Limitation  of 

to  furnish  food  and  necessary  support,  to  any  prisoner  keeper's  ha- 
. . ,    ,  ...  »  •    i        •        /V      bihty  to  fur- 

committed  on  civil  process,  except  as  is  herein   after  nish  support 
provided. 

SECT.  15.  When  any  person  is  committed  to  gaol,  on  Proceedings 
civil  process,  and  is  unable  to  pay  the  debt  or  demand,  preparatory  to 

•     A-          f  J.L  taxing  poor 

he  may  make  an  application  to  a  justice  of  the  peace  to  debtor's  oath. 
take  the  oath  hereinafter  provided  for  poor  debtors,  and 
shall  cause  notice  to  be  given  to  the  adverse  party,  if  an 
inhabitant  of  the  state,  otherwise  to  the  attorney  of  such 
adverse  party,  to  appear  and  shew  reason,  if  any  he  has, 
why  such  oath  should  not  be  administered  :  which  notifi- 
cation shall  be  signed  by  a  justice  of  the  peace,  and  shall 
be  served  at  least  four  days  inclusive,  before  the  day  spe- 
cified for  administering  the  same,  by  some  proper  officer, 
or  indifferent  person,  who  shall  leave  a  true  and  attested 
copy  thereof  with  the  adverse  party,  or  at  his  usual  place 
of  abode,  if  an  inhabitant  of  this  state,  otherwise  with  his 
attorney ;  and  such  service,  if  made  by  an  officer,  shall 
be  proved,  by  his  return  on  such  notification ;  and  if  made 
by  an  indifferent  person,  by  his  affidavit,  before  a  justice 
of  the  peace,  indorsed  thereon  :  and  the  justice  of  the 
peace  to  whom  such  notification  is  returnable,  shall  pro- 
ceed to  enquire  into  the  matter,  and,  if  no  sufficient  rea- 
son be  shewn  to  the  contrary,  he  shall  administer  to  such 


•254  Title  42.     Gaols. 

Form  of  oath,  debtor  the  following  oath,  to  wit :  "  You  A.  B.  solemnly 
swear,  that  you  have  not  any  estate,  real  or  personal,  in 
possession,  reversion  or  remainder,  of  the  value  of  seven- 
teen dollars  in  the  whole,  or  sufficient  to  pay  the  debt  or 
demand  for  which  you  are  imprisoned  ;  (except  what  is  by 
law  exempted  from  being  taken  on  execution,)  and  that- 
you  have  not,  directly  or  indirectly,  sold,  or  otherwise  dis- 
posed of.  all,  or  any  part  of  your  estate,  thereby  to  secure 
the  same,  to  receive  or  expect  a(ny  profit  or  advantage 
thereof,  or  to  defraud  or  deceive  your  creditors  :  So  help 
you  God."     And  the  keeper  of  the  gaol  shall  not,  thereaf- 
ter, stand  charged  with  such  prisoner,  unless  the  credit- 
or shall  lodge  with  the  keeper  of  the  gaol,  such  sum  of 
Weekly  mam-  mOney  for  a  weekly  maintenance  as  the  county  court  in 
the  county  shall  establish,  as  the  weekly  allowance  to  be 
made  by  creditors,  for  their  debtors,  after  such  oath  shall 
have  been  administered  to  them  ;  which  maintenance  the 
several  county  courts  are  authorized  to  establish:  and  when 
wentiVcase  of  anv  Prisoner  sn&U  take  such  oath,  upon  two  or  more  attach- 
two  or  more      ments  or  executions,  such  weekly  allowance  shall  be  paid, 
attachments  or  in  equal  proportions,  by  the  plaintiffs  or  creditors,  by 
ons'       whom  he  is  detained  in  prison  ;  and  it  shall  be  the  duty 
orormoney  to  °^ tne  gaol-keeper  to  pay  to  such  prisoner,  every  week,  the 
prisoner,          amount  of  his  weekly  allowance  in  money,  if  by  him  re- 
weekly,  quested. (1) 

Prisoner  des-        SECT.  16.  When  any  person,  committed  to  gaol  on 

titute  of  pro-    civil  process,  shall  claim  to  be  destitute  of  property,  he 

erty'rt°dbe       may  aPPty  *°  ^e  Deeper  of  the  gaol,  who  shall  furnish 

tilPhe°caen  take  him  with  necessaries,  in  case  such  prisoner  shall,  forth- 

the  poor  debt-  with,  proceed  to  take  the  oath  provided  for  poor  debtors, 

er's  oath.          m  manner  aforesaid  ;  and  in  case  said  oath  shall  be  so 

administered,  the  keeper  of  the  gaol  shall  not  stand  charg- 


(1)  In  the  revision  of  1672,  there  was  a  support ;  which  act,  with  various  modifica- 
provision,  that  no  man  should  be  kept  in  tions,  has  continued  to  the  present  time, 
prison  for  debt,  unless  he  had  some  estate  By  our  law,  the  goods  or  the  lands  of  a 
which  he  would  not  produce ;  and  that  any  person  may  be  taken  for  the  payment  of  his 
court,  assistant,  or  commissioner  might  debts,  or  for  the  satisfaction  of  an  injury  : 
administer  an  oath  to  the  party,  or  any  and  his  body  may  be  imprisoned,  to  corn- 
others  suspected  to  be  concerned  in  con-  pel  the  production  of  his  property  for  the 
cealing  his  estate  :  andif  no  estate  appear-  same  purposes.  If  his  person  is  imprison- 
ed, then  he  should  satisfy  his  debt,  by  ed,  and  he  has  no  estate  beyond  a  limited 
service,  if  the  creditor  required  it ;  but  amount,  he  can  take  the  poor  debtor's  oath, 
could  not  be  assigned  to  any  but  those  of  and  may  not  be  detained  in  gaol,  unless  the 
the  English  nation.  This  law  continued  in  creditor  will  furnish  a  support.  If  the 
force  till  1810,  but  was  rarely  carried  into  creditor  should  furnish  a  support,  he  can 
effect.  In  1702,  an  act  was  passed,  pre-  then  apply  to  the  superior  court,  for  a  de- 
scribing the  form  of  oath  to  be  taken  by  an  cree  of  insolvency  ;  and  if  he  can  prove, 
imprisoned  debtor,  on  giving  notice  to  the  that  he  is  an  honest  man,  he  may  be  lib- 
creditor  ;  in  which  case,  the  debtor  could  erated ;  so  that,  by  our  law,  no  honest  man. 
not  be  detained  in  gaol,  unless  the  creditor  destitute  of  property,  can  be  detained  in 
furnished  him  a  weekly  allowance  for  his  prison  for  debt., 


Title  42.     Gaols.  255 

ed  with  such  prisoner,  unless  the  plaintiff  or  creditor 
shall  leave  money  for  his  support,  as  aforesaid,  and  also 
pay  for  the  support  of  such  prisoner  from  the  time  he 
made  application  for  his  support,  till  he  took  the  poor 
debtor's  oath,  at  the  same  rate  as  shall  be  established  for 
his  weekly  maintenance,  provided  the  time  shall  not  ex- 
ceed seven  days  ;  and  if  the  plaintiff  or  creditor  shall  not  Keeper  to 
pay  for  the  support  of  such  prisoner,  antecedent  to  his  a^LT™edft- 
taking  the  poor  debtor's  oath,  the  keeper  of  the  gaol  0?,  or 
shall  be  entitled  to  recover  the  same,  by  a  proper  action, 
against  such  plaintiff  or  creditor.     And  if  such  plaintiff 
or  creditor  shall  be  unable  to  pay  the  same,  said  keeper 
shall  have  right  to  recover  it  of  the  town  where  such  town  or 
prisoner  belongs ;  and  if  he   belong  to  no  town  in  the  8tate' 
state,  then  such  expense  shall  be  paid  by  the  state. 

SECT.  1 7.  A  pension  granted  to  any  person,  for  service  A  pension  not 
in  the  army  or  navy  of  the  United  States,  shall  not  pre-  to  preclude 
elude  him  from  taking  the  oath,  provided  for  poor  debt-  takiDS°ath. 
ors  as  aforesaid. 

SECT.  18.  When  any  such  prisoner  shall  make  appli-  Application 
eation  to  take  such  oath,  and  be  refused,  he  shall  not,  at  for  oath>  after 
any  time  afterwards,  be  allowed  to  make   application  Jfcf"ssjj0^  •*"* 
therefor,  unless  the  same  shall  be  made  to  two  judges  of  made. 
the  county  court,  or  to  one  such  judge  and  a  justice  of 
the  peace,  giving  due  notice  as  aforesaid,  who  are  hereby 
authorised  to  decide  upon  such  application,  and   reject 
the  same,  or  to  administer  said  oath,  as  shall  appear  to 

them  just  and  proper.     Provided,  however,  that  if  from  F)irfLor 

j  .    j.      i     .  '  '.  r  urtner  appn- 

any  change  in  the  circumstances  of  such  prisoner,  sub-  cation  on 
sequent  to  the  rejection  of  his  application  by  said  two  change  of  cir- 
judges,  or  said  one  judge  and  a  justice  of  the  peace,  he  cumstances- 
shall  become  lawfully  entitled  to  take  said  oath,  he  may 
again  make  application  therefor,  in  the  manner  herein 
before  provided. 

SECT.  19.  Whenever  such  oath  shall  be  administered,  Review  on  ap- 
by  a  single  justice,  upon  the  first  application,  the  adverse  plication  of 
party  shall  have  liberty  to  apply  (if  he  see  cause)  to  two  creditor- 
judges  of  the  county  court,  or  to  one  such  judge  .and  a 
justice  of  the  peace,  to  review  the  cause,  giving  reasona- 
ble notice  thereof  to  the  prisoner  ;  and  if,  upon  full  hear- 
ing thereof,  it  shall  appear  to  the  satisfaction  of  the  triers, 
that  the  prisoner  is  not  by  law  entitled  to  the  benefit  of 
such  oath,  they  shall  have  power  to  order  his  or  her  sup- 
port to  cease  ;  and  such  prisoner  shall  thence-forward  be 
holden  in  prison,  in  the  same  manner  as  though  said  oath 
had  never  been  administered.  Expenses  of 

SECT.  20.  All  necessary  expenses  of  the  creditor,  for  creditor  to  be 
the  detention  and  maintenance  of  any  such  prisoner  in  Paid  by  pn'«- 
gaol,  the  said  creditor  shall  have  power  to  levy  with  the  ODer' 


256  Title  42.      Gaols. 

execution,  before  the  said  prisoner  shall  be  discharged 

from  gaol. 

Removal  of  SECT'  21t  Whenever  the  prisoners,  in  any  gaol  in  this 
prisoners,  on  state>  sha11  be  exposed  to  any  prevailing  malignant  sick- 
account  of  ness,  it  shall  be  the  duty  of  the  chief  judge,  or  the  asso- 

•kJmeu1*        C'ate  Jud&es'  °^  tne  countv  court,  in  the  county  where 
such  sickness  prevails,  to  cause  such  prisoners  to  be  re- 
moved, at  the  expense  of  the  state,  to  some  place  of 
safety,  in  the  next  gaol,  in  the  same  or  adjoining  county, 
there  to  be  kept  in  the  same  manner  as  though  such  re- 
moval had  not  been  made,  until  such  sickness  shall  abate 
in  the  place  or  places  from  whence  such  prisoners  have 
been  removed;  and  then  such  prisoners  shall,  by  order  of 
Remanding  of  sucn  chief  judge,  or  associate  judges,  be  removed  back 
them.  from  whence  they  were  taken,  also  at  the  expense  of  the 

state.  And  all  keepers  of  gaols  to  which  such  prisoners 
shall  be  removed,  agreeably  to  the  order  of  the  chief 
judge,  or  associate  judges,  are  hereby  commanded  to  re- 
ceive such  prisoners,  and  them  safely  keep  until  they  shall 
be  duly  remanded  as  aforesaid,  or  released  according  to 
law. 

Removal,  for        SECT.  22.  When  any  county  is  destitute  of  a  gaol,  any 
wantof  a  gaol  person  in  such  county,  liable  to  be  imprisoned,  may,  by 
m  the  county.    jawfuj  authority,  be  sent  to  the  common  gaol  of  the  next 
adjoining  county  ;  and  the  keeper  of  such  gaol  shall  re- 
ceive and  keep  such  prisoners  accordingly. 

SECT.  23.  The  gaols  in  the  several  counties  may  be 

Sdlind^au-  used  under  the  authority  of  the  United  States> for  the  con- 

thority  of  the  finement  and  safe-keeping  of  prisoners  ;  and  the  marshal 

United  States,  of  the  district  of  Connecticut,  or  any  other  oliicer  acting 

under  the  authority  of  the  United  States,  shall  have  the 

same  liberty  to  use  said  gaols,  and  the  same  authority  in 

the  keeping  of  prisoners  in  said  goals,  under  the  authority 

of  the  United  States,  as  the  keepers  of  said  gaols  under 

the  authority  of  this  state  have. 

Liability  of  SECT.  24.  If  any  person,  lawfully  committed  to  any  of 
the  county  for  the  gaols  in  this  state,  in  any  civil  cause,  shall  break  such 
escapethrough  gaol,  and  make  his  escape,  through  or  by  reason  of  the 
defects  or  insufficiency  of  such  gaol,  the  costs  and  char- 
ges occasioned  and  expended  thereby,  and  the  damages 
sustained  by  the  person  or  persons,  for  whose  cause  the 
said  prisoner  was  committed  to  gaol,  by  reason  of  such 
escape,  shall  be  paid  and  answered  out  of  the  county 
treasury,  of  that  county  wherein  such  defective  gaol  is ; 
and  the  county  court,  of  that  county,  upon  application  to 
them  made,  and  proof  thereof,  shall  order  payment  ac- 
cordingly ;  the  said  costs  and  damages  being  first  by  them 
justly  ascertained  and  allowed  ;  and  in  case  any  persoa 
or  persons  shall  be  aggrieved,  by  the  denial  ordetermina- 


Title  43.     General  Assembly.  257 

vion  of  such  county  court,  he  or  they  may  appeal  to  the  Appeal, 
next  superior  court  to  be  holden  in  that  county ;  which 
court  is  empowered  to  hear,  adjust  and  determine  the 
same,  and  order  payment  as  aforesaid,  with  reasonable 
costs. 

SECT.  25.  If  there  shall  not  be  a  sufficiency  of  money,  Power  of  the 
at  any  time,  in  the  county  treasury,  to  answer  such  or-  county  court 
ders.  the  county  court  of  the  county  wherein  monies  are  *° ta*  the 
wanting  for  the  purpose  aforesaid,  are  hereby  empowered  c° 
and  directed  to  tax  and  assess  the  inhabitants  of  such 
county,  in  such  sum  as  the  court  shall  judge  needful,  for 
the  purpose  aforesaid  ;  and  to  appoint  and  empower  a 
collector  or  collectors,  for  collecting  the  same,  and  to 
grant  a  warrant  or  warrants  accordingly  ;  which  collect- 
ors shall  have  the  same  powers  and  fees,  and  shall  be 
liable  to  be  displaced  in  the  same  manner,  and  be  subject 
to  the  same  regulations,  as  other  collectors  of  county 
taxes. 

SECT.  26.  Provided  nevertheless,  that  nothing  in  this  p 
act  shall  be  construed  to  prejudice  or  hinder  any  party  emoting  the" 
or  person,  from  recovering  any  expense,  damages  or  costs,  county  where 
of  the  person  or  persons,  or  out  of  the  estate  of  such  satisfacti 
person  or  persons,  who  shall  break,  or  be  aiding  or  assist- 
ing  in  breaking  the  gaol,  or  who  shall  escape,  or  be  aiding 
thereto,  according  to  law ;  and  when  such  remedy  for 
satisfaction  may  be  had,  the  county  shall  not  be  charged 
with,  nor  be  ordered  to  pay,  the  said  expense,  damages  or 
costs.     Provided  also,  that  nothing  in  this  act  shall  be  provjso  as  tn 
construed  or  extended  to  save  harmless,  or  excuse  any  liability  of 
sheriff,  in  any  escape,  but  what  shall  happen  through  the  sheriff 
defect  or  insufficiency  of  the  gaol  as  aforesaid,  and  that 
without  his  default  or  negligence  ;  nor  shall  this  act  hinder 
any  person  from  any  remedy  he  now  hath,  or  hereafter 
by  law  shail  have,  in  all  or  any  of  the  matters  aforesaid. 

TITLE  43.     General  Assembly. 

An  Act  prescribing  the  mode  of  proceeding  by 
the  General  Assembly,  in  certain  cases. 

E  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives, in  General  Assembly  convened, 

That  all  bills  for  public  acts  or  laws,  which  shall  have  £%££  Cm 
been  passed  by  both  houses  of  the  general  assembly,  to  be  proceei- 
shall,  as  soon  as  passed,  be  carefully  and  accurately  en- 
grossed,  in  a  fair  round  hand,  free  from  erasure  and  inter- 
lineation ;  and  such  engrossed  bills  shall  be  signed  by 
the  speaker  of  the  house  of  representatives,  and  by  the 

33 


B1 


25tf  Title   44.     Governor. 

president  of  the  senate,  and  shall  then  be  presented,  by 
the  secretary,  to  the  governor,  for  his  approbation  ;  and 
the  bills  thus  signed  by  the  speaker  of  the  house,  and  the 
president  of  the  senate,  which  shall  be  approved  by  the 
governor,  and  if  not  approved  by  him,  shall  otherwise, 
agreeably  to  the  constitution  of  this  state,  become  laws, 
shall  be  public  acts  or  laws,  and,  as  such,  be  recorded  and 
kept  on  file  ;  and  the  secretary,  at  the  end  of  each  ses- 
sion, shall  cause  such  acts  or  laws  to  be  published,  from 
correct  copies,  by  him  made  for  that  purpose. 

SECT.  2.  And  in  the  beginning  of  each  session,  a  corn- 
Engrossing        mittee  of  three  persons  shall  be  appointed,  by  and  from 
committee.       the  house  of  representatives  ;  and  it  shall  be  the  duty  of 
Their  duty.       guc ^  committee  to  procure  such  bills  to  be  engrossed,  at  the 
expense  of  the  state,  to  be  charged  in  the  contingent  ex- 
pences  of  the  house  of  representatives,  and  to  present 
such  engrossed  bills  to  the  speaker,  to  be  by  him  signed, 
and  transmitted  to  the  president  of  the  senate  for  his  sig- 
nature. 

Adversary  pe-  SECT.  3.  And  all  petitions  of  an  adversary  nature, 
titionstobe  pending  before  the  general  assembly,  shall  be  referred 
fointcommit-  *°  aj°>nt  committee  of  the  senate  and  house  of  represen- 
tees.  tatives,  which  shall  report  the  facts,  and  their  opinion 

thereon. 
_    ,  SECT.  4.  And  each  house  of  the  general  assembly  arc 

Lach  house  au-   ,         .  ,  ,  ,  ,  ,,     r 

thorized  to  hereby  authorized  and  empowered  to  make  out  their  re- 
make out  their  spective  debentures,  and  to  make  the  grants  necessary 
debentures.  an(j  prOper  to  cover  their  contingent  expences  ;  which, 

being  duly  registered  in  the  comptroller's  office,  shall  bf 

paid  by  the  treasurer. 

Public  statutes  SECT.  5.  All  public  statutes  shall  take  effect  from  the 
when  to  take  rising  of  the  general  assembly  by  which  they  are  passed, 
effect.  unless  otherwise  directed  by  such  statutes. 

TITLE  44.     Governor. 

An  Act  authorizing  the  Governor  to  appoint  a 
Secretary  and  Notaries  Public. 

B  BE  it  enacted  by  the  Senate  and  House  of  Repre- 
'MJ  sentatives,  in  General  Assembly  convened,  That 
the  governor  of  the  state,  for  the  time  being,  or  the  per- 
son  ^v  w^om  ^e  °ffice  °f  governor  may  be  administered, 
point  a  secret  be,  and  he  is  hereby  authorized  and  empowered  to  ap- 
tary;  point  a  secretary,  who  shall  duly  receive  the  oath  pre- 

scribed by  the  constitution,  for  executive  and  judicial  of- 
•his  duty.          ficers,  and  whose  duty  it  shall  be  to  attend  the  governor, 
or  the  person  administering  the  office  of  governor,  during 


Title  45.     Grand-Jurors.  259 

fhe  sessions  of  the  general  assembly,  and  at  all  times  to 
keep  a  correct  journal  and  record  of  all  executive  pro- 
ceedings and  decisions,  and  to  do  all  other  acts  which 
shall  be  duly  required  of  him,  which  shall  appertain  to 
said  office  ;  for  which  services  he  shall  be  allowed  the 
sum  of  two  hundred  dollars  per  annum  ;  and  a  certificate  ComPcnsati°n 
from  the  person  administering  the  office  of  governor,  for 
the  time  being,  directed  to  the  comptroller,  stating  the 
sum  due,  shall  authori/e  the  comptroller  to  draw  on  the 
treasurer  of  the  state  for  the  payment  thereof:  and  it 
shall  be  the  duty  of  the  secretary,  to  deliver  over  the  ex- 
ecutive journal  and  record,  and  all  papers  appertaining 
to  the  executive  department,  to  the  successor  in  office 
to  the  person  by  whom  he  may  be  appointed,  as  afore- 
said ;  and  the  executive  journal  and  record,  shall,  at  all 
times,  be  subject  to  the  inspection  of  a  committee,  ap- 
pointed by  the  general  assembly  ;  and  copies  thereof  may 
be  received  by  the  general  assembly  ;  and  all  copies  of 
the  executive  journal  and  record,  attested  by  the  secre- 
tary, shall,  in  all  cases,  be  admitted  as  legal  evidence : 
And  the  secretary  shall  not  demand  or  receive  any 
compensation  for  copies  he  may  furnish. 

SECT.  2.  And  the  governor  is  hereby  empowered  to  Governor  em- 
administer  oaths ;  and  to  appoint  and  commission  such  powered  to 
notaries  public,  as  the  commercial  interests  of  the  state  oa^an'dto 
may  render  necessary  and  convenient.  appoint  nota- 

ries public- 

TITLE  45.     Grand-Jurors. 
An  Act  relating  to  Grand- Jurors. 

"ITJE  it  enacted  by  the  Senate  and  House  of  Rep- 
JjP  resentatives,  in  General  Assembly  convened, 

That  every  town,  at  their  annual  meeting  for  the  elec-  ^"Vand^ 
tion  of  town-officers,  shall  choose  and  appoint  not  less  than  jurors  annual- 
two,  nor  more  than  six  grand-jurors,  to  serve  for  the  year  ly- 
ensuing ;  who  shall  take  the  oath  prescribed  by  law. 

SECT.  2.  It  shall  be  the  duty  of  grand-jurors,  diligently  Their  duty 
to  enquire  after,  and  to  make  due  presentment  of,  all 
crimes  and  misdemeanors,  that  shall  come  to  their  knowl- 
edge, whether  committed  before  or  after  their  appoint- 
ment to  the  office  ;  which  presentment  they  shall  make 
to  the  court  having  cognizance  of  the  offence,  or  to  some 
justice  of  the  peace,  in  the  town  where  the  offence  is 
committed. 

SECT.  3.  If  any  person  elected  a  grand-juror,  shall  re-  Penalty  for  re- 
fuse to  accept  the  office,  and  take  the  oath  prescribed  by  accepUhe 
law.  (unless  he  can  render  a  sufficient  and  satisfactory  rea-  office. 


260 


Title   45.     Grand-Jurors. 


Penalty  for 
neglect  of 
duty. 


Penalty  on 
towns  for  neg- 
lecting to  ap- 
point grand- 
jurors. 


Grand-jurors 
may  meet ; 


may  require 
attendance  of 
witnesses. 


Proceedings  to 
compel  them 
to  appear  and 
to  testify. 


Power  of 
courts  to  sum- 
mon grand- 
jury. 


In  what  cases 
indictment  by 


son  to  the  town-meeting,  or  to  the  authority  before  whom  he 
shall  be  called  to  take  the  oath ,  why  he  ought  not  to  serve,)  he 
shall  forfeit  the  sum  of  five  dollars,  to  the  use  of  the  town 
treasury,  to  be  recovered  by  a  proper  action,  in  the  name 
of  the  treasurer:  and  it  shall  be  the  duty  of  the  town  to 
appoint  another  grand-juror  in  his  place. 

SECT.  4.  If  any  grand-juror,  after  he  is  sworn,  shall 
neglect  to  make  seasonable  complaint,  of  any  crime  or 
misdemeanor,  committed  within  the  town  where  he  lives, 
that  shall  come  to  his  knowledge,  he  shall  forfeit  the  sum 
of  two  dollars,  for  every  such  offence,  one  half  to  him 
who  shall  prosecute  to  effect,  and  the  other  half  to  the 
use  of  the  town  where  the  offence  is  committed. 

SECT.  5.  If  any  town  shall  neglect  or  refuse  to  appoint 
grand-jurors,  as  is  required  by  this  act,  such  town  shall, 
for  every  such  neglect  or  refusal,  incur  a  penalty  of  seven- 
teen dollars,  to  the  use  of  the  treasury  of  the  county  to 
which  such  town  belongs  :  and  it  shall  be  the  duty  of  the 
attorney  for  the  state  to  prosecute  for  the  same. 

SECT.  6.  The  grand-jurors,  in  each  town,  may,  if  they 
judge  it  necessary  and  proper,  meet  at  such  times  and 
places  as  they  shall  appoint,  to  advise  concerning  such 
breaches  of  law,  as  by  their  office,  they  are  to  enquire 
after  and  present :  and  they  shall  have  power  to  call  be- 
fore them,  at  such  meetings,  any  person  or  persons,  as 
witnesses,  to  be  examined  touching  such  delinquency  as 
they  are  enquiring  after  :  and  if  any  person  refuse  to  ap- 
pear before  such  grand-jurors,  at  such  meeting,  being 
summoned  by  a  subpoena  from  a  justice  of  the  peace, 
(which  subpoena  any  justice  of  the  peace  is  hereby  em- 
powered to  grant,  at  the  request  of  such  grand-jurors,) 
then  such  grand-jurors  may  apply  to  a  justice  of  the  peace 
for  a  capias,  or  warrant,  who  may  issue  one  to  bring  such 
person  before  them  ;  and  if  any  person  appearing,  or  being 
Drought  by  a  warrant,  before  such  grand-jurors,  shall  re- 
fuse to  be  sworn,  or  being  sworn,  shall  refuse  to  be 
examined  as  a  witness,  or  to  answer  any  proper  or 
pertinent  questions,  respecting  the  matter  of  enquiry, 
such  grand-jurors  may  make  complaint  to  any  jus- 
tice of  the  peace,  who  shall  cause  such  person  to  be 
brought  before  him,  and,  on  conviction,  shall  commit 
him  to  the  common  gaol,  there  to  remain  at  his  own  ex- 
pense, until  he  give  evidence  as  aforesaid. 

SECT.  7.  The  superior  and  county  courts  shall  have 
power,  when  there  shall  be  occasion,  to  order  a  grand- 
jury  of  eighteen  sufficient  freeholders  of  the  county, 
where  the  court  is  sitting,  to  be  summoned,  impanneled 
and  sworn,  to  enquire  after  all  crimes  and  offences  cog- 
nizable by  said  courts  respectively  ;  and  no  person  shall 
be  put  to  plead,  or  held  to  trial,  for  any  offence  punisha- 


Title  45.     Grand-Jurors. 


261 


hie  with  death,  or  imprisonment  for  life,  unless  a  bill  of  grand-jury  is 
indictment  be  found,  by  a  grand-jury,  legally  impanneled  " 
and  sworn  ;  and  no  bill  of  indictment  shall  be  presented 
by  any  grand-jury  so  impanneled,  unless  twelve,  at  least, 
of  the  jurors  agree  to  it. 

SECT.  8.  For  all  other  crimes  presentment   may  be 
made  by  grand-jurors,  appointed  by  towns,  or  information  how  pr 
may  be  exhibited  by  the  attorney  for  the  state,  in  the  ed> 
county  where  committed.(l) 


Other  crimes, 
•osecut 


(1)  In  1643,  an  act  was  passed,  requir- 
ing, that  a  grand-jury  of  twelve  men  should 
be  warned,  to  appear  at  the  court  in  Sep- 
tember, annually,  or  as  many  as  the  gover- 
nor or  court  should  think  meet,  to  make 
presentments  of  the  breaches  of  any  laws 
or  orders,  or  of  any  other  misdemeanors, 
within  the  jurisdiction,  which  should  come 
to  their  knowledge.  In  the  revision  of 
1672,  it  is  ordered^  that  the  clerks  of  the 
several  county  courts,  should,  by  their 
warrant,  require  one  or  more  honest,  able, 
and  judicious  man  or  men,  of  every  planta- 
tion in  their  county,  10  serve  on  the  grand- 
jury  :  who  were  to  be  sworn  to  make  due 
presentment  of  all  breaches  of  the  law, 
that  should  come  to  their  knowledge.  In 
the  revision  of  1702,  there  is  a  statute,  di- 
recting the  clerks  of  the  several  county 
courts,  by  warrant,  to  require  one  or  more 
honest,  able  and  judicious  men,  of  every 
town  in  their  respective  counties,  to  ap- 
pear at  their  respective  county  courts,  or 
before  the  next  assistant  or  justice  of  the 
peace,  to  serve  on  the  grand -jury,  and  to 
take  the  oath  ;  who  should  make  diligent 
enquiry  after,  and  make  presentment  of, 
all  misdemeanors  and  breaches  of  the  law 
that  should  come  to  their  knowledge,  once 
a  month,  to  the  next  assistant  or  justice  of 
the  peace  ;  who  were  empowered  to  hear 
and  determine  all  delinquencies,  where  the 
penalty  did  not  exceed  forty  shillings,  and 
where  the  penalty  exceeded  forty  shillings, 
to  bind  the  offender  to  the  next  court  where 
the  offence  was  cognizable.  This  act  first 
gave  to  single  grand-jurors  the  power  of 
making  presentment  for  crimes,  and  estab- 
lished informing  officers  in  every  town. 
By  the  common  law,  presentments  can  be 
made  by  the  grand-jury,  only  when  they 


are  summoned  to  attend  a  court  of  crimi- 
nal jurisdiction  for  that  purpose. 

In  1712,  a  law  was  passed,  that  every 
town  should  appoint,  at  their  annual  meet- 
ing, two  or  more  grand-jurors,  for  the  en- 
suing year ;  who  should  be  sworn  by  an 
assistant  or  justice  of  the  peace  ;  and  that 
the  clerk  of  the  town  should  return  their 
names  to  the  clerk  of  the  county  court, 
who  was  required  to  summon  such  number 
of  the  grand-jurors  as  should  be  necessary, 
to  serve  at  the  county  courts.  There  is 
nothing  in  these  early  statutes  respecting 
the  summoning  of  a  grand-jury  to  appear 
before  the  superior  court.  The  practice 
was,  however,  for  the  superior  court  to 
summon  a  grand-jury,  in  all  capital  cases. 

As  single  grand-jurors  could  present  for 
crimes,  it  became  unnecessary  to  summon  a 
grand-jury  to  attend  the  courts,  when  in 
session.  Accordingly,  the  practice  seems 
to  have  been  discontinued ;  and  in  the  re- 
vision of  1784,  this  requirement  of  the  law 
is  omitted,  and  the  superior  and  county 
courts  have  power  given  them  to  order  a 
grand-jury  of  eighteen  of  those  chosen  by 
the  respective  towns,  or  other  freeholders 
of  the  county,  when  there  should  be  occa- 
sion :  and  in  capital  cases,  it  was  render- 
ed necessary,  that  the  indictment  should  be 
found  by  a  grand-jury,  in  which  twelve 
should  agree.  The  practice  was,  for  sin- 
gle grand-jurors,  and  attornies  for  the  state, 
to  present  for  all  crimes,  but  those  which 
are  capital ;  and  in  those  cases,  a  grand- 
jury  of  eighteen  freeholders  of  the  county 
were  summoned,  by  order  of  the  court ; 
and  now,  by  the  constitution,  all  offences, 
punishable  by  imprisonment  for  life,  as 
well  as  capital  offences,  must  be  prosecut- 
ed by  the  indictment  of  a  grand-jury. 


262  Title  4t>.     Guardian*, 

TITLE  46.     Guardians. 
An  Act  relating  to  Guardians  and  Minors. 

-     13  E  ^  enacted  by  the  Senate  and  House  of  Rep- 
-I_J  resentatives,  in  General  Assembly  convened, 

When  persons  That  all  persons  who  have  arrived  to  the  age  of  twenty- 
are  of  full  age.   one  years?  ghalj  be  deemed  of  fu)i  age  .   ghal|  be  free  from 

the  government  of  parents,  guardians,  or  masters  ;  and 
Age  for  choos-  shall  be  capable  to  do  any  lawful  act.  The  age  for 
ing  guardians,  choosing  guardians  shall  be  fourteen  in  male,  and  twelve 
Guardians  of  in  female  children.  The  courts  of  probate,  in  their  re- 
minors  under  Spective  districts,  shall  have  power  to  appoint  guardians 

6 


minors,  under  the  age  for  choosing  guardians,  who 
court  of  pro-  have  no  father,  guardian,  or  master;  and  to  approve  of 
bate-  guardians  chosen  by  those  who  are  of  age  for  that  purpose. 

Appointment  SECT.  2.  Where  there  shall  be  any  minor  of  age  for  choos- 
of  guardians,  jng  a  guardian,  who  has  no  father,  guardian  or  master,  the 
judge  of  probate,  within  whose  district  the  minor  resides, 
shall  notify  him  to  appear,  and  choose  some  proper  person 
to  be  his  guardian  ;  and  if  such  judge  shall  approve  of  the 
person  chosen,  he  may  allow  him  to  be  guardian  ;  but  if 
he  disapprove  of  such  person,  so  chosen,  then  the  minor 
may  choose  some  other  proper  person,  to  be  approved  of 
and  allowed  as  aforesaid  ;  and  if  such  minor  shall  refuse  or 
neglect  to  make  a  choice,  or  shall  not  choose  a  person  ap- 
proved of  by  said  judge,  then  the  judge  may  appoint  a 
guardian  for  the  minor. 

Guardian  to  SECT.  3.  Where  a  minor  has  a  father  naturally  wanting 
be  appointed,  in  understanding,  or  insane,  so  as  to  be  incapable  to  take 
where  the  fa-  care  Qf  an(j  provide  fqr  njm  the  judge  of  probate,  within 
ther  is  mcapa-  ,.  .  r,  ,  .,  in-,  _r  •  .1 

b]e  .  whose  district  he  resides,  shall  appoint  a  guardian,  in  the 

same  manner  as  if  the  father  were  dead. 

and  where  the  SECT.  4.  Where  a  minor,  having  a  father,  is  entitled  to, 
minor  has  en-  or  possessed  of,  estate,  real  or  personal,  not  derived  from 
his  father  ;  or  where  a  minor,  who  has  a  master,  is  enti- 
tled to,  or  possessed  of,  estate,  real  or  personal  ;  the 
judge  of  probate,  whenever  there  shall  be  occasion,  shall 
have  power  to  notify  the  father  or  master  to  appear,  and 
shew  reasons,  why  a  guardian  should  not  be  appointed  ; 
and  if  sufficient  reasons  are  not  shewn,  may  apppoint  the 
father  or  master,  if  proper  persons  ;  if  not,  then  such 
person  as  the  minor  may  choose,  if  of  age  to  choose  a 
guardian  ;  but  if  such  minor  shall  neglect  or  refuse  to 
make  choice,  or  be  not  of  sufficient  age,  then  the  judge 
•ihall  appoint  such  person  to  be  guardian,  as  he  may  think 
proper  :  and  where,  in  such  case,  any  person  is  appoint- 


Title  46.     Guardians.  263 

ed,  other  than  the  father  or  master,  he  shall  have  the 
charge  and  management  of  the  estate  of  the  minor,  and  Saving  of  the 
no  control  over  his  person  ;  and  his  authority  shall  not  "gj|ts  of  the 
be  construed  to  affect  the  rights  of  the  father  or  master  t*r  er 
over  the  person  of  the  minor. 

SECT.  5.  The  judge  of  probate,  in  allowing  and   ap-  Bond  to  be 
pointing  a  guardian,  shall  take  sufficient  bond,  and,  if  the  taken, 
minor  have  any  estate,  with  surety,  of  all  such  guardians, 
for  a  faithful  discharge  of  their  trust,  according  to  law, 
and  to  oblige  them  to  render  their  accounts  to  the  coiyrt 
of  probate,  or  to  the  minor,  when  he  arrives  at  full  age, 
or  at  such  other  times  as  the  court,  upon  complaint,  shall 
see  cause  to  appoint. 

SECT.  6.  The  courts  of  probate  shall  have  power  to  Guardian* 
remove  guardians,  for  good  and  sufficient  reasons  shewn,  may  be  re- 
and  to  appoint  others  in  their  place,  who  shall  give  bonds  moved, 
for  a  faithful  discharge  of  the  trust  as  afbresaid. 

SECT.  7.  The  courts  of  probate  shall  have  power,  in  M  be  caue(j 
their  respective  districts,  with,  or  without  a  previous  com-  to  account 
plaint,  by  an  order  duly  made,  to  oblige  all  guardians  of 
minors,  from  time  to  time,  to  render  their  respective  ac- 
counts against  their  wards  for  adjustment,  before  such 
courts,  and  to  compel,  by  due  order,  all  guardians,  whose 
bonds  are,  or  shall  be  found  insufficient,  to  procure  other 
and  additional  bonds  ;  and  if  any  guardian  shall  refuse  to 
render  his  account,  or  to  procure  additional  bonds,  when 
required  as  aforesaid,  such  court  may  remove  him  from 
the  office,  and  appoint  some  proper  person  in  his  place, 
and  may  cause  his  bond  to  be  put  in  suit. 

SECT.  8.  When  minors  are  parceners,  joint-tenants,  or  p       . 
tenants  in  common  of  lands  with  others,  their  guardians,  iancj  among 
with  the  assistance  of  such  persons  as  the  court  of  pro-  co-tenants. 
bate  for  that  purpose  shall  appoint,  shall  have  power  to 
make  partition  of  any  such  land  with  the  co-tenants, 
which  shall  be  binding,  and  conclusive  on  such  minors, 
their  heirs,  and  assigns  ;  and  the  several  courts  of  pro- 
bate are  hereby  directed,  on  the  application  of  such  ten- 
ant in  common,  or  of  the  guardian  of  any  minor,  to  appoint 
some  meet  person  to  assist  in  such  partition  ;  and  all 
persons  having  right  in  any  such  land,  shall,  upon  such 
appointment,  forthwith  come  to  a  partition  of  the  same. 
And  the  guardian  of  any  minor,  who  is  the  mortgagee  of 

any  lands  or  tenements,  is  hereby  empowered,  on  receiv-  G}iardiau  °/ 

J  .  i  .  ,1  i       minor  mortga-r 

ing  the  mortgage  money,  to  release  to  the  mortgagor  the  gee,empower- 
legal  title  to  the  mortgaged  premises  ;  which  deed  of  re-  ed  to  release 
lease  shall  be  binding  and  conclusive  upon  such  minor,  satlsfied  mort* 
his  heirs  and  assigns.  §a?e' 

SECT.  9.  The  several  courts  of  probate  shall  be,  and  they 
are  hereby  authorised,  for  just  and  reasonable  came,  to 


264 


Title  46.      Guardians 


sale  of  minor's 
real  estate. 


Parent,  &c.  to 
give  bond  to 
vest  the  avails, 
&c. 


To  render  ac- 
count 


To  make  re- 
turn of  pro- 
ceedings. 

Further  secu- 
rity. 


Application 
for  order  of 
sale,  to  what 
court  to  be 
made. 


Notice  of  ap- 
plication, how 
to  be  given. 


When  judge  in 
the  proper  dis- 
trict is  dis- 
qualified, ap- 
plication to  be 
made  in  the 
next. 


order  the  sale  of  real  estate  of  any  minor,  on  application 
of  the  parent  or  guardian  of  such  minor,  and  to  empower 
him,  or  some  other  meet  person,  to  sell  and  convey  the 
same,  in  due  form  of  law  ;  such  parent,  guardian  or  other 
person,  first  giving  bond,  with  surety,  to  the  judge  of  pro- 
bate, and  his  successors  in  office,  with  condition  to  vest 
the  avails  of  the  estate  sold,  in  other  real  estate,  to  be 
conveyed  to  such  minor,  to  place  the  same  at  interest,  on 
good  security,  by  mortgage,  of  at  least  double  the  value 
of  the  estate  sold,  or  to  lay  out  the  same  in  the  nurture, 
education  or  advancement  in  marriage  of  such  minor,  as 
the  court  of  probate  shall  direct  or  approve,  and  to  ren- 
der his  account  to  such  court,  when  required,  or  to  the 
minor,  when  arrived  at  full  age  ;  and  it  shall  be  the  duty 
of  the  person  making  a  sale  under  the  provisions  of  this 
act,  to  make  return  of  his  proceedings,  as  soon  as  may  be, 
to  the  court  of  probate,  where  the  same  shall  be  record- 
ed. 

SECT.  10.  It  shall  be  the  duty  of  such  court  of  probate, 
whenever  there  may  be  occasion,  to  demand  of  the  obli- 
gor in  such  bond,  his  executors  or  administrators,  further 
security,  and  on  neglect  or  refusal  to  give  the  same,  to  put 
such  bond  in  suit,  and  the  same  to  pursue  to  final  judg- 
ment, and  the  sum  recovered  to  place  at  interest,  on  good 
security,  for  the  benefit  of  such  minor. 

SECT.  1 1 .  Whenever  application  shall  be  made  for  an 
order  to  sell  the  real  estate  of  any  minor,  belonging  to 
any  probate  district  of  this  state,  in  pursuance  of  this 
act,  such  application  shall  be  made  to  the  court  of  pro- 
bate, in  that  district  to  which  such  minor  belongs  5  but  ii 
the  minor  do  not  belong  to  any  probate  district  of  this 
state,  then  the  application  to  sell  such  minor's  real  estate 
shall  be  made  to  the  court  of  probate  in  that  district  in 
which  such  real  estate  is  situate  ;  and  whenever  applica- 
tion shall  be  made  for  an  order  to  sell  the  real  estate  of 
any  minor,  pursuant  to  this  act,  it  shall  be  the  duty  of  the 
court  of  probate  to  cause  notice  of  such  application  to 
be  published  in  some  public  news-paper,  near  the  place 
where  such  real  estate  lies,  three  weeks  successively,  at 
least  six  weeks  before  making  such  order,  and  also  such 
further  notice  as  the  court  of  probate,  may  deem  proper. 

SECT.  12.  Whenever  a  minor  shall  be  so  nearly  related 
to  the  judge  of  probate  in  the  district  where  such  minor 
lives  and  belongs,  that  such  judge  cannot  by  law  hear  and 
decide  on  an  application  for  the  sale  of  such  minor's  real 
estate,  the  parent  or  guardian  of  such  minor  may  make 
application  for  the  sale  of  such  real  estate  to  the  judge  of 
probate,  in  the  nearest  adjoining  district,  who  shall  have 
the  same  authority  with  respect  to  the  person  and  f-f;t<'. 
of  such  minor,  as  if  he  liv^d  within  hi?  district. 


Title  47.     Habeas  Corpus.  265 

TITLE  47.     Habeas  Corpus. 

An  Act  to  provide  for  issuing  the  writ  of  Habeas 
Corpus. 

.      T)E  it  enacted  by the  Senate  and  House  of  Rep - 
JJ  resentatives,  in  General  Assembly  convened, 

That   any  judge  of  the  superior  court,   or  the   county  Wh°  may  is- 
court,  when  in  session,  or  the  chief  judge  thereof,  when  hiTbeascor^u^ 
said  court  is  not  in  session,  shall  have  power  to  issue  the 
writ  of  habeas  corpus,  and  proceed  thereon  according  to 
law  :  and  when  any  trial  shall  be  before  a  single  judge,  _ 
the  court  fee  shall  be  two  dollars,  and  when  before  a  court 
in  session,  no  fee  shall  be  paid. 

SECT.  2.  When  application  is  made  to  such  court  or  When  and  how 
judge,  for  a  Avrit  of  habeas  corpus,  and  the  facts  are  veri-  to  be  lssued' 
fied,  by  the  affidavit  of  the  person  in  whose  favor  the  ap- 
plication is  made,  or  of  any  other  person,  in  which  he  or 
she  alleges,  that  he  or  she  verily  believes  the  person  on 
whose  account  such  writ  is  prayed  for,  is  illegally  confined, 
or  deprived  of  his  lawful  liberty.it  shall  be  the  duty  of  such 
court  or  judge,  to  grant  a  writ  of  habeas  corpus,  directed 
to  some  proper  officer,  to  serve  and  return  ;  who  shall 
receive  and  make  due  service  of  the  same,  by  putting  Howtobeser- 
into  the  hands  of  the  person,  who  has  the  custody  of  the  ved. 
body  of  him  or  her,  who  is  directed  to  be  brought  up  on 
said  writ,  a  true  and  attested  copy  of  the  same  ;  and  shall 
make  immediate  return  of  said  writ,  with  his  doings  there- 
on, on  pain  of  forfeiting  fifty  dollars,  to  the  use  of  the 
person  so  held  in  custody,  to  be  recovered  by  action  on 
the  case. 

SECT.  3.  If  any  person,  having  the  custody  of  the  body  Penalty  fordig- 
of  any  one  directed  to  be  brought  up,  on  a  writ  of  habeas  obedience. 
corpus,  duly  served,  shall  fail  or  neglect  to  bring  up  the 
body,  according  to  the  command  in  the  writ ;  or  shall  re- 
fuse to  accept  the  copy  offered  in  service  of  the  same ; 
or  shall,  in  any  way,  fraudulently  avoid  bringing  up  the 
body,  according  to  the  command  in  the  writ ;  or,  having 
brought  up  the  body,  shall  neglect  or  refuse  to  make  re- 
turn of  the  cause  of  detaining  such  person,  so  held  in 
custody;  he  shall  be  deemed  guilty  of  a  contempt  of 
court,  and  may  be  punished,  by  said  court  or  judge,  by 
commitment,  for  such  contempt,  and  shall  also  forfeit  and 
pay  to  the  person  so  held  in  custody,  two  hundred  dol- 
lars. 

SECT.  4.  When  any  facts  contained  in  such  return  shall  Trial, 
be  contested,  by  the  applicant,  such  court  or  judge  may 
hear  testimony,  and  examine  and  decide'  upon  the  truth, 
34 


'266 


The  towns  to 
maintain 
highways, 
roads  and 
bridges. 

Exception. 

When  a  bridge 
to  be  main- 
tained by  two 
adjoining 
towns. 


When  a  life  is 
lost,  by  a  de- 
fective road  or 
bridge,  the 
town  &c.  te 
pay 


ibur  hundred 
dollars  dama- 
ges, to  chil- 
dren, &c. 

Persons  injur- 
ed by  defect- 
ive bridge  or 
road,  to  recov- 
er damages. 


Owner  of  pro- 
perty so  injur- 
ed to  recover 
damages. 


Title  48.     Highways  and  Bridges. 

as  well  as  the  sufficiency  of  the  return,  and  render  such 
judgment  as  shall  to  law  and  justice  appertain. 

TITLE  48.     Highways  and  Bridges. 
An  Act  relating  to  Highways  and  Bridges. 

.  TJ  E  it  enacted  by  the  Senate  and  House  of  Rep- 
M.M  rtsentatives\  in  General  Assembly  convened. 
That  the  inhabitants  of  the  several  towns  in  this  state, 
shall  make,  build  and  keep  in  good  and  sufficient  repair, 
all  the  necessary  highways,  roads  and  bridges,  within  the 
limits  of  their  respective  towns,  unless  it  may  belong  to 
some  particular  person,  persons  or  corporation,  to  main- 
tain such  highway,  road  or  bridge,  in  any  particular  case. 

SECT.  2.  And  when  it  is  necessary  to  build  or  maintain 
any  bridge,  across  any  river,  or  stream  of  water,  which  is 
the  boundary  or  dividing  line,  between  any  towns,  it  shall 
be  the  duty  of  the  inhabitants  of  such  towns,  to  build  and 
keep  in  good  repair  every  such  bridge;  and  each  town  shall 
pay  an  equal  part  of  the  expence  of  building  and  repair- 
ing the  same,  unless  it. shall  be  otherwise  agreed  by  said 
towns. 

SECT.  3.  If  any  person,  at  any  time,  shall  lose  his  life, 
in  passing  over  any  public  road  or  bridge,  through  the 
defect  or  insufficiency  thereof,  after  due  warning  given  to 
any  of  the  select-men  of  the  town,  in  which  such  defective 
road  or  bridge  is,  or  to  the  person,  persons,  or  clerk,  or 
a  director  of  the  corporation,  who  ought  to  maintain  the 
same,  in  writing,  attested  by  two  witnesses,  or  after  an  in- 
formation made  to  the  county  court,  by  the  attorney  of 
the  state,  in  the  county  in  which  such  town  is,  of  such  de- 
fective road  or  bridge,  then  the  said  town,  person,  person? 
or  corporation,  which  ought  to  keep  such  road  or  bridge 
in  repair,  shall  pay  to  the  child  or  children  of  said  deceas- 
ed, or  if  he  or  she  have  no  child,  to  the  husband  or  wife  of 
said  deceased,  or  if  he  or  she  have  no  husband  or  wife,  to 
the  parent  or  parents  of  such  deceased,  four  hundred 
dollars. 

SECT.  4.  If  any  person  shall  lose  a  limb,  break  a  bone, 
or  receive  any  bruise,  or  bodily  injury,  through,  or  by 
means  of,  any  such  defective  bridge  or  road,  in  manner 
aforesaid,  the  town,  person,  persons  or  corporation,  which 
ought  to  keep  in  repair  such  bridge  or  road,  shall  pay  to 
the  person  so  hurt  or  wounded,  just  damages. 

SECT.  5.  If  any  horse,  or  other  beast,  or  cart,  carriage 
or  other  property,  shall  receive  any  injury  or  damage, 
through,  or  by  means  of,  any  defective  road  or  bridge,  in 


Title  48.     Highways  and  Bridges.  267 

manner  aforesaid,  the  town,  person,  persons  or  corpora- 
tion, which  ought  to  keep  such  road  or  bridge  in  repair, 
shall  pay  the  owner  of  such  beast  or  property,  just 
damages. 

SECT.  6.  The  town,  person,  persons  or  corporation,  Railings  to  be 
which  by  law  are  obliged  to  maintain  any  bridge,  road  or  erected  on 
highway,  shall  erect  and  maintain  a  good  and  sufficient  JJ 
railing  or  fence  on  the  sides  of  such  bridge,  and  on  the  to 
sides  of  such  parts  of  such  road,  as  are  so  made  or  raised 
above  the  adjoining  ground,  as  to  endanger  the  safety  of 
travellers  5   and  if  any  person  shall  suffer  any  damage  in 
his  person  or  property,  by  reason  of  any  want  of,  or  de-  Or  paydama- 
fect  in,  any  such  railing  or  fence,  such  town,  person,  per-  ges. 
sons  or  corporation,  shall  pay  to  him,  who  shall  so  suffer, 
just  damages ;  all  which  forfeitures  and  damages  may  be 
recovered  by  any  proper  action. 

SECT.  7.  When  the  inhabitants  of  any  town,  shall  neg-  On  neglect  of 
lect  or  refuse  to  build  or  repair  any  bridge,  across  a  river  town  to  keep  a 
in  a  public  highway,  within  the  bounds  of  such  town,  or  howTo  pro- S<?' 
when  any  town  shall  not  agree  to  build  or  repair  any  cecd. 
bridge,  across  a  river,  that  is  the  dividing  line  between 
such  towns,  whereby  the  public  travel  is  obstructed  or 
incommoded,  on  complaint  thereof  to  the  county  court, 
by  any  person  or  persons,  said  court  is  hereby  empower- 
ed and  directed,  (by  a  committee  or  otherwise,)  to  en- 
quire into  the  public  necessity  and  convenience  of  build- 
ing or  maintaining  such  bridge,  and  cause  due  notice  to 
be  given  to  one  or  more  of  the  select-men  of  such  townt 
or  towns,  to  shew  reason,  if  any  they  have,  why  they 
should  not  be  compelled  to  make  or  repair  such  bridge ; 
and  if  no  sufficient  reason  be  shown  to  the  contrary,  and 
such  town  or  towns  do  not  undertake  to  build  or  repair 
»uch  bridge,  within  such  time  as  the  court  shall  direct, 
said  court  may  appoint  some  suitable  person  or  persons 
to  build  or  repair  such  bridge ;  which  being  done,  and 
the  expense  thereof  being  liquidated  and  allowed  by 
said  court,  the  same  shall  be  paid  by  the  inhabitants  of 
the  town  or  towns,  whose  duty  it  was  to  have  made  and 
maintained  such  bridge,  and  execution  may  be  granted 
against  them  therefor  accordingly. 

SECT.  8.  The  senate  is  hereby  authorized  and  directed,  Senate  to  ap- 
annually,  to  appoint  two  or  more  commissioners,  to  in-  ^oners^o'" 
spect  each  and  every  bridge  in  this  state,  at  which  toll  bridges. 
is  by  law  receivable,  for  the  benefit  of  any  person,  persons 
or  corporation  ;  which  commissioners  shall  be   subject 
to  the  same  duties,  have  the  same  powers,  in  relation  to 
the  bridges  of  which  they  shall  be  respectively  commis- 
sioners, and  be  entitled  to  the  same  compensation,  as 
commissioners  on  turnpike  roads,  by  law,  have,  or  may 
have. 


268 

No  person  to 

ttt^wSko 
atoll-bridge. 

Proviso. 
Proviso. 


DrawinHart- 
ford  bridge, 


Select-men 
^  °l 


Notice  toown- 
ersof  land. 


Damages,  by 
whom  to  be 

pai  ' 


How  ascer- 
tained. 


Record. 


Time  of  open- 
ing  ways 


Title  48.     Highways  ancl  Bridges. 

SECT.  9.  No  person  shall  ride  or  drive,  any  horse, 

hor*f'  team  or  5"™f  °f  f.n7  kkind>  »P°n  any  bridge, 
f<>r  the  passing  of  which  a  toll  is  by  law  receivable,  on  a 
faster  gait  than  a  walk,  on  penalty  of  forfeiting,  for  each 
offence,  one  dollar,  to  be  sued  for  and  recovered,  by  the 
person,  persons  or  corporation,  which  shall  be  entitled 
to  such  toll.  Provided  always,  that  such  person,  per- 
sons or  corporation,  receiving  such  toll,  constantly  keep 
at  each  end  of  such  bridge,  in  full  view  of  passengers,  a 
notification  in  the  form  following,  to  wit  :  "  The  riding 
or  driving  any  horses,  team,  or  carriages,  on  this  brdge, 
in  a  faster  gait  than  a  walk,  is  by  law  prohibited."  Pro- 
vided also,  the  provision  in  this  section,  shall  not  extend 
to  the  bridges  and  causeway  in  the  meadow  in  East-Hart- 
ford. 

SECT.   10.  The  draw  in  the  bridge  across  Connecticut 
river,  in  the  city  of  Hartford,  for  the  passage  of  vessels 

UP  &nd  d°WD  8aid  rlver'  sha11  nOt  be  raised""  f°r  the  PaS' 
sage  of  vessels,  or  for  other  purposes,  between  the  hours 

of  five  and  eight  in  the  morning,  on  any  day. 

SECT.  u.  Be  it  further  enacted,  That  the  select-men  of 
tne  respective  towns,  or  the  major  part  of  them,  may  lay 
out  such  public  highways,  or  private  ways,  as  they  shall 
judge  needful,  within  their  respective  towns,  first  giving 
reasonable  notice  to  the  owners  of  the  land  through 
which  the  same  are  to  be  laid  out,  or  leaving  such  notice 
in  writing  at  their  place  of  abode,  if  within  this  state,  to 
be  present,  if  they  see  cause,  at  the  laying  out  of  such 
ways  ;  and  the  damage  done  to  such  person  or  persons, 
},y  laying  out  the  same,  shall  be  paid  by  the  persons  ap- 
plying  f°r  suc^  wavs?  *f  tne  same  °e  for  their  private  use 
only  ;  but  if  such  ways  be  for  the  common  use  of  the 
inhabitants,  or  of  the  public,  it  shall  be  paid  by  the  town  ; 
and  if  the  select-men  and  persons  interested,  cannot  agree 
as  to  the  damages  done  by  laying  out  such  way,  the  se- 
lect-men shall  apply  to  a  justice  of  the  peace,  who  shall 
appoint  three  judicious,  disinterested  freeholders,  who, 
being  sworn  for  that  purpose,  shall  estimate  and  assess  to 
each  person  injured,  the  damages  sustained  by  him,  in  lay- 
ing out  said  way,  and  a  survey  in  writing,  under  the  hands 
of  the  select-men,  containing  a  particular  description  of 
such  way,  being  made,  accepted  by  the  town,  and  record- 
ed  in  the  records  of  lands  in  such  town,  and  satisfaction 
being  made  to  the  persons  damnified,  or  the  money  de- 
posited in  the  town  treasury  for  their  use,  ready  to  be 
paid  to  them,  when  they  shall  apply  for  the  same,  according 
to  the  agreement,  or  estimate,  made  as  aforesaid,  such  way 
De  and  remam  f°r  the  use  for  which  it  was  laid  out. 


But  no  highway,  or  private  way,  laid  out  by  the  select- 


Title  48.     Highways  and  Bridges.  269 

men,  in  manner  aforesaid,  through  any  person's  inclosure,  laid  through 
who  shall  declare  himself  aggrieved,  by  laying  out  the  SJSJT' 
same,  shall  be  laid  open  or  occupied,  until  the  expira- 
tion of  twelve  months,  after  the  laying  out  of  such  way, 
that  such  person  may  have  opportunity  to  apply  for  relief 
as  is  hereinafter  provided,  and  also  have  time  to  fence 
and  secure  his  inclosure. 

SECT.  12.  When  any  new  highway,  or  common  road,  County  court 
from  town  to  town,  or  place  to  place,  within  the  same  JJ^^°ut 
towns,  where  the  select-men  of  that  town  neglect  or  re-  when  and  how. 
fuse  to  lay  out  the  same,  shall  be  wanting,  or  where  old 
highways  or  public  roads,  may  with  more  convenience  be 
turned  or  altered,  any  person  or  persons  may  make  ap- 
plication to  the  county  court  within  the  county,  where  the 
highway  or  alteration  is  proposed  to  be  made,  for  that 
purpose;  which  persons,  so  applying, shall,  at  least  twelve 
days  before  the  sitting  of  the  court  to  which  they  shall 
make  application,  cause  a  citation  to  be  served  on  one  Citation, 
or  more  of  the  select-men  of  the  town,  within  which 
the  highway  is  moved  to  be  laid  out  or  altered,  to  ap- 
pear, if  they  see  cause,  at  said  court,  and  make  their  ob- 
jections, if  any  they  have,  against  such  highway's  being 
laid  out  or  altered  ;  and  thereupon,  if  no  objections  are 
offered  against  said  application,  or  if  the  objections  offer- 
ed are  adjudged  insufficient,  the  court  before  whom  such 
application  shall  be  pending,  shall  appoint  a  committee  Appointment 
of  three  disinterested  freeholders,  to  enquire  into  the  of  committee, 
convenience  and  necessity  of  the  highway  or  road,  thus 
prayed  to  be  laid  out  or  altered  ;  which  committee,  be-  Committee  to 
fore  they  enter  on  the  duties  of  their  appointment,  shall  be  sworn, 
take  the  following  oath,  to  wit :  "  You  swear  that  you  Form  of  oath, 
will  truly  and  faithfully,  and  according  to  your  best  skill 
and  judgment,  perform  the  duties  and  services  assigned 
you,  in  your  commission  :  So  help  you  Got?." — And  shall 
give  twelve  days'  notice,  to  a  majority  of  the  select-men  Notice. 
of  the  town  or  towns,  in  which  such  highway  or  road  is 
proposed  to  be  laid  out  or  altered,  of  the  time  and  place 
at  which  they  will  meet,  for  the  purpose  of  entering  on 
said  service  ;  and  shall  also  cause  a  notification  in  writing 
of  the  time  and  place  of  such  meeting,  to  be  set  upon  a 
sign-post  in  such  town  or  towns,  at  least  twenty  days  be- 
fore the  time  of  such  meeting ;  and  if  such  committee 
shall  be  of  opinion,  that  such  highway  or  road,  or  altera- 
tion therein,  will  be  of  common  convenience  and  neces- 
sity, they  shall  proceed  to  survey  and  lay  out  the  same,  Survey  and 
and  assess  the  damages  which  will  thereby  accrue  to  in-  laying  out  of 
dividuals ;   and  shall,  thereupon,  make  their  report  in-    1Shwa7- 
writing,   of  their  doings,  and  return  the  same  to  such  Report, 
court.     And  all  persons  interested  or  affected,  by  the 


270  Title  48.     Highways  and  Bridges. 

Persons  inter-  laying  out  or  altering  of  such  road  or  highway,  shall  have 
rao^trate.  Fe    libertv  to  appear  before  said  court,  and  remonstrate  or 
object  against  the  acceptance  of  said  report,  and  on  the 
hearing  thereof,  shall  be  at  liberty  to  shew,  that  the  lay- 
ing out  or  altering  such  road,  is  not  of  common  conven- 
ience or  necessity,  as  well  as  that  it  will  be  injurious  to 
individuals,  and  ought  not  to  be  accepted  in  other  re- 
Reassessment    spects  ;  or,  if  any  person  shall  complain  of  the  assessment 
of  damage*.      of  damages,  he  may  move  for  a  jury  to  reassess  the  same  ; 
and  if.  upon  a  hearing  of  the  objections  to  the  report  of 
the  committee,  the  court  shall  be  of  opinion,  that  it  ought 
not  to  be  accepted,  they  may  reject  the  same ;  but  if  the 
court  shall  be  of  opinion,  that  such  report  ought  to  be 
accepted,  then,  before  the  acceptance  thereof,  if  a  jury 
be  moved  for  to  reassess  the  damages,  they  shall  order 
Jury.  such  jury,  to  consist  of  six  disinterested  freeholders,  to 

be  drawn  from  the  boxes  of  such  towns  in  the  county 
where  the  application  is  made,  as  the  court  shall  direct ; 
and  said  jury  shall  be  summoned   and  attended,  by  the 
sheriff  of  said  county,  personally,  or  in  case  of  his  being 
interested,  or  otherwise  incapacitated,  by  such  deputy- 
Bywhomsum-  sheriff  in  the  county,  as  the  court  shall  direct;  and  shall 
moned.  be  legally  sworn,  a  certificate  of  which  shall  be  annexed 

Their  powers,  to  their  report.  And  the  powers  of  such  jury  shall  be 
confined  to  granting  relief  to  the  person  or  persons  mak- 
ing said  application,  by  the  reassessment  of  damages  only. 
Power  of  the  And  *ne  court  to  which  the  doings  of  said  jury  are  re- 
court  to  set  turned,  shall  have  power  to  set  the  same  aside,  if,  upon 
aside  reassess-  exception  taken,  it  shall  appear  to  said  court,  that  said 
jury  have  been  improperly  summoned,  or  have  conduct- 
ed corruptly  ;  otherwise,  the  doings  of  said  jury  shall  be 
conclusive  as  to  the  assessment  of  damages  :  And  if  the 
court  shall  set  aside  the  report  of  the  jury,  they  shall  or- 
der another  jury  to  reassess  the  damages,  in  manner  afore- 
Power  of  the  sa'^'  And  ^  **  sna^  appear  to  the  sheriff,  or  such  depu- 
sheriffto  re-  ty,  as  aforesaid,  after  he  has  drawn  said  jurors  from  the 
k°xes  a&  aforesaid,  that  any  of  them  are  taxed  in  the  town 
or  t°wns  where  said  road  lies,  or  own  real  estate  therein, 
or  are  connected  with  any  of  the  applicants  for  said  jury, 
by  blood  or  marriage,  in  such  manner  as  would,  by  law, 
prevent  a  judge  from  acting  or  giving  sentence  between 
party  and  party,  the  sheriff,  or  such  deputy,  as  aforesaid, 
shall  release  said  persons,  and  return  their  names  into  the 
box  whence  drawn,  and  summon  others  to  supply  their 
places,  who  are  not  interested  or  connected  as  aforesaid. 
If,  on  the  return  of  the  report  of  said  jury,  accepted  by  the 
court,  it  shall  appear,  that  there  was  no  cause  of  complaint, 
and  such  jury  shall  not  increase  the  damages  allowed  by 
the  committee  to  the  applicants,  then  the  court  shall  ac- 


Title  48.     Highways  and  Bridges.  271 

eeptthe  report  of  the  committee,  and  shall  order  the  ap-  Costa  ofappii- 
plicants  for  the  jury,  to  pay  the  costs  of  the  application  ;  ^aho™'toybe 
but  if  such  jury,  in  the  reassessment  of  damages,  shall  in-  paid. 
crease  the  damages  to  the  applicants,  the  report  of  the 
committee  shall  be  accepted,  and  the  damages  so  assessed  in  what  caae« 
shall  be  allowed,  with  the  costs  of  application,  to  be  paid  report  to  be 
by  the  town  ;  or  if  no  objection  be  made  to  the  report  of  JSSSS,*^ 
the  committee,  it  shall  be  accepted  ;  and  when  so  accept- 
ed, in  either  of  the  cases  aforesaid,  arid  approved  by  the 
court,  the  report  shall  be  recorded,  and  said  highway 
shall  be  and  remain  a  public  highway  ;  and  the  expense  Expense  and 
of  laying  out  the  same,   and  the  damages  sustained  by  ^J^*'^ 
persons  thereby,  shall  be  paid  by  the  town  in  whose  lim-  paid.. 
its  it  shall  be  laid  out  ;  and  said  court  shall  direct  when 
said  highway  shall  be  opened,  arid  when  the  damages  as- 
sessed shall  be  paid  ;  and  upon  the  neglect  of  the  town  to 
make    payment  thereof,  to   the   persons  to    whom  the 
same,  or  any  part  thereof,  shall  be  ordered,   the   said 
court  shall  direct  a  scire-facias  against  the  select-men  of  Remedy  by 
said  town,  to  shew  cause  why  execution  should  not  be  scire-facias. 
awarded  against  them  ;  and  upon  their  neglect  to  show 
sufficient  cause,  shall  award  execution  against  them,  for 
the  charges  aforesaid,  with  additional  costs. 

SECT.  13.  If  any  person  shall  be  aggrieved  by  the  do-  Relief  for  per- 
ingsofthe  select-men  in  laying  out  a  public  or  private  J,Tdo 
way,  or  by  the  estimate  of  the  damages,  such  aggrieved  select- 
person  may,  within  eight  months  after  the  same  is  laid 
out,  apply  to  the  county  court  in  the  county  where- 
in such  way  is  laid  out,  for  relief,  causing  said  select- 
men to  be  duly  cited  to  shew  reason,  if  any  they  have, 
why  such  relief  should  not  be  granted  ;  which  court  may 
make  enquiry,  by  a  committee,  or  otherwise,  into  the 
convenience  and  necessity  of  such  way  ;  and  if  they  shall 
find,  that  it  is  not  of  common  convenience  and  neces- 
sity, they  shall  set  aside  the  laying  out  of  such  way,  by 
the  select-men  ;  but  if  they  shall  find,  that  such  way  is  of 
common  convenience  and  necessity,  then,  if  application 
be  made  for  a  jury  to  reassess  the  damages,  they  shall 
order  such  a  jury  to  proceed  in  the  same  manner,  as  in 
case  of  highways  laid  out  by  a  committee  ;  and  if  the 
damages  allowed  to  the  applicants  shall  not  be  increased, 
by  the  jury,  then  the  application  shall  be  dismissed,  with 
costs  ;  but  if  such  damages  shall  be  increased,  by  the  ju- 
ry, then  the  court  shall  order  the  same  to  be  paid  to  the 
applicants,  with  the  costs  of  application. 

SECT.  14.  If  the  select-men  of  any  town,  upon  appli-  In  what  cases 
cation  to  them  made,  shall  refuse  or  neglect  to  lay  out  the  county 
such  private  ways,  as  may  be  necessary  for  any  inhabit-  out  private lay 
ants  of  said  town,  the  county  court  is  hereby  empowered,  wayt. 


272 


Expense  and 
damages,  by 
whom  to  be 
paid. 


Highways  in 
cities  or  bor- 
oughs, how  to 
be  laid  out 


Expense  and 
damages,  by 
whom  to  be 
paid. 


Remedy  by 
scire-facias. 


Power  of  se- 
lect-men to 
discontinue 
certain  high- 
ways. 
Persons  ag- 
grieved there- 


Title  48.     Highways  and  Bridges. 

upon  application,  to  cause  such  ways  to  be  laid  out,  as 
may  appear  necessary,  in  the  same  manner,  as  public 
highways  are  by  this  act  directed  to  be  laid  out,  and  or- 
der the  expense  of  laying  out  the  same,  and  damages  sus- 
tained by  any  person  thereby,  to  be  paid  by  the  persons 
applying  for  such  ways,  if  the  same  be  for  their  use  only  ; 
but  if  for  the  common  use  of  the  inhabitants,  then  to  be 
paid  by  the  town. 

SECT.  15.  Whenever  any  new  highway,  or  common 
road,  shall  be  wanted  within  the  limits  of  any  city,  or  bor- 
ough, for  the  special  convenience  of  said  city  or  borough, 
but  not  for  common  convenience  or  necessity,  any  per- 
son or  persons,  being  an  inhabitant  or  inhabitants  of  said 
city  or  borough,  may  prefer  a  petition  therefor  to  the 
county  court  within  the  same  county,  which  person  or 
persons,  shall,  at  least  twelve  days  before  the  sitting  of 
the  court,  to  which  the  petition  shall  be  preferred,  as 
aforesaid,  cause  a  citation  to  be  served  on  the  clerk  of  the 
city  or  borough,  as  the  case  may  be,  within  whose  bounds 
the  same  is  prayed  to  be  laid  out,  to  appear,  if  they  see 
cause,  and  object  to  the  laying  out  of  said  highway ;  and 
thereupon  said  court,  and  the  committee,  (if  the  court 
shall  appoint  a  committee  to  enquire  into  the  conven- 
ience and  necessity  of  such  highway,)  shall  proceed  in 
the  same  manner,  as  is  herein  before  provided,  in  regard 
to  highways  prayed  to  be  laid  out  at  the  expense  of  towns  ; 
said  committee  giving  the  same  notice,  to  the  clerk  of  the 
city  or  borough,  as  the  case  may  be,  of  the  time  and 
place  of  their  meeting,  as  in  the  latter  case  is  provided  to 
be  given  to  the  select-men.  And  if  the  court  shall  ap- 
prove the  report  of  the  committee  laying  out  such  high- 
way, the  same  shall  remain  a  public  highway  ;  and  the 
expense  of  laying  out  the  same,  and  the  damages  sustain- 
ed by  any  person  or  persons  thereby,  shall  be  paid  by  the 
city  or  borough,  within  whose  bounds  it  shall  be  laid 
out;  and  upon  their  refusal  or  neglect  to  make  payment 
thereof,  to  such  person  or  persons,  the  said  court  shall 
issue  a  scire-facias  against  the  mayor  and  common  coun- 
cil of  said  city,  or  against  the  warden  and  burgesses  of 
said  borough,  to  shew  cause,  why  execution  should  not 
be  awarded  against  them,  and  upon  their  neglect  to  show 
sufficient  cause,  shall  award  execution  for  such  expense 
and  damages,  with  additional  costs. 

SECT.  16.  The  select-men  of  any  town,  may,  with  the 
approbation  of  such  town,  discontinue  any  public  high- 
way, or  private  way,  which  may  have  been  laid  out  by 
them,  or  their  predecessors  in  office  ;  and  if  any  person 
shall  be  aggrieved,  by  the  doings  of  the  select-men,  in  dis- 
continuing a  highway,  an  appeal  shall  be  allowed  to  the 


Title  48.     Highways  and  bridges.  273 

county  court,  in  the  same  manner,  and  under  the  same  hy  may  appeal 
regulations,  as  is  herein  provided,  for  persons  aggrieved  *°,|rte  c( 
by  the  doings  of  select-men  in  laying  out  highways.    And  Powerofcoun- 
the  several  county  courts  may  discontinue  any  highway,  ty  court  to 
which  may  have  been  laid  out  otherwise  than  by  the  se-  Jl£°"e™l. 
lect-men,  as  aforesaid,  and  which  may  have  become  un-  highways. 
necessary  for  public  use. 

SECT.  17.   It  shall  be  the  duty  of  the  several  towns  in  Duty  of  towns 
the  state,  at  their  annual  or  other  lawful  meeting,  to  lay  a  to  lay  tax  suf- 
tax  on  the  assessment  list,  made  and  perfected,  or  to  be  ^"epair 
made  and  perfected,  on  the  polls  and  rateable  estate  lia-  highways, 
ble  to  be  set  in  the  list  on  the  first  day  of  October,  in  the 
}  car  preceding  the  year  in  which  such  tax  is  to  be  collect- 
ed and  expended,  sufficient  to  make  and  keep  in  repair 
all  necessary  highways  therein.     And  they  shall  have  powers  of 
power  to  divide  the  towns  into  highway  districts  of  con-  towns  in  rela- 
venient  extent ;  to  appoint  surveyors  of 'high  ways,  and  tlontonigh- 
collectors  of  taxes;  to  lay  out  the  money,  and  repair  the 
highways,  in  such  manner  as  they  may  judge  proper  ;  to 
make  all  necessary  regulations   for  that  purpose ;  to  in- 
flict fines,  not  exceeding  seven  dollars,  on   persons  ap- 
pointed to  be  surveyors  or  collectors,  who  shall  refuse  .to 
serve,  or  having  accepted,  shall  neglect  to  perform  their 
duty  ;  to  prescribe  the  mode  of  recovering  such  tines  ;  to 
direct  the  time  and  manner,  in  which  collectors  of  high- 
way taxes  shall   render  their   accounts,  and  to  proceed 
against  them  for  any  default,  as  in  the  case  of  negligent 
collectors  of  town  taxes  :  Provided,  that  where  any  town 
has  heretofore  been  authorized,  by  special  act  of  the 
general  assembly,  to  repair  the  highways  in  such  town, 
in  a    manner  different   from  the  provisions  in  this  sec- 
tion, such  town  may  continue  to  make  and  repair  their 
highways  agreeably  to  such  special  act.(l) 

SECT.  18.  Whenever  there  maybe  occasion  to  clear  Surveyors,  &c. 

any  water-course,  or  place  or  places,  where  the  water  Juaf  open 

'j-'/r/.  ji-i  water-courses, 

may  dram  on  from  any  road  or  highway,  the  surveyors  &,-,. 

of  highways,  or  other  persons  authorized  to  repair  such 
road  or  highway,  may  clear  such  water-courses  and  plac- 
es, where  water  may  drain  off  from  highways,  into  or 
through  any  person's  land,  so  far  as  may  be  necessary, 
sufficiently  to  drain  off  the  water  as  aforesaid. 


(1)  In  the  revision  of  1672,  the  mode  of  1795,  when  liberty  was  granted  to  each 

repairing  highways  was  prescribed  to  be,  town  to  lay  taxes  for  this  purpose.     The 

by  directing  the  towns  to  appoint  survey-  mode  of  repairing  highways,  by  taxation, 

ors,  who  were  empowered  to  call  out  men  was   generally  adopted ;    and    being    the 

and  team?,  two  days  at  least,  in  each  year,  most  equitable,  it  is  now  established  by 

to  work  on  the  highways.     This  mode  was  law. 
continued,  with  various  modifications,  till 

85 


274  Title  49.     Idiots. 

Towns,  how          SECT.  1 9.  When  any  town  shall  neglect  to  keep  in  good 
1a  and  sufficient  repair,  any  public  road,  within  such  town, 
which  it  is  the  duty  of  such  town  to  maintain  and  repair, 
it  shall  be  the  duty  of  the  county  court,  upon  complaint 
made,  to  order  necessary  repairs,  and  grant  a  warrant 
against  the  select-men  of  such  town,  to  collect  the  sums 
State's  attor-     expended  in  such  repairs  ;  and  it  shall  be  the  duty  of  the 
ney  ancUhenff  S^ate5g  attornies,  and  the  sheriffs  of  the  respective  coun- 
ties, to  make  complaint  of  any  neglect  as  aforesaid,  which 
may  come  to  their  knowledge. 

TITLE  49.    Idiots. 

An  Act  providing  for  the  care  and  government 
of  Idiots,  Lunatics,  and  Spendthrifts. 

i  E  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives, in  General  Assembly  convened, 
County  court  That  whenever  any  idiot,  lunatic,  or  distracted  person, 
toappomtcon-  ^  anv  estate  tne  COunty  court,  in  the  county  where 
servator;  ,  J  '.  ,  ,.  J  ,.  .  i  , 

such  person  resides,  shall,  on  the  application  of  the  se- 
lect-men, of  the  town  where  he  or  she  belongs,  or  any 
relation,  make  due  enquiry,  and  if  they  find  such  person 
to  be  incapable  of  taking  care  of  him  or  her  self,  they 
shall  appoint  some  proper  person  to  be  the  conservator 
of  such  idiot,  lunatic,  or  distracted  person,  who  shall 
who  shall  give  gjve  bond,  with  sufficient  surety,  to  the  treasurer  of  the 
county,  fora  faithful  discharge  of  his  trust,  and  shall  have 
dutyP°W  ld  tne  care  aild  cnarge  of  his  or  her  person,  and  of  his  or  her 
estate,  both  real  and  personal ;  and  such  conservator 
shall,  forthwith,  make  a  true  and  perfect  inventory  oi 
said  estate,  and  return  the  same  into  the  office  of  the 
clerk  of  such  county  court,  where  it  shall  be  kept  on  file  ; 
and  shall  render  his  account  lo  said  court  of  the  manage- 
ment of  such  trust,  when  thereto  required,  and  shall  be 
allowed  a  reasonable  compensation  for  his  services.  And 
said  court  shall  have  power  to  remove  such  conservator, 
for  neglect  of  duly  and  mismanagement  in  such  trust,  and 
to  appoint  another  in  his  place. 

SECT.  2.  It  shall  be  the  duty  of  the  conservator  to  take 
care  of  and  manage  the  estate  of  such  idiot,  lunatic,  or 
distracted  person,  in  a  husbandlike  manner,  without  com- 
mitting waste,  and  to  apply  the  annual  income  and  prof- 
its thereof  to  support  him  or  her,  and  his  or  her  family. 
He  shall  have  power  to  collect  all  debts  due  to  such  per- 
son, and  to  institute  suits  for  that  purpose  ;  and  to  adjust 
aud  settle  all  accounts  and  debts  due  from  him  or  her. 
He  may  sell  or  dispose  of  the  personal  estate  of  such 


Title  49.     Idiots.  275 

person  to  pay  his  or  her  debts,  and  support  him  or  her, 
and  his  or  her  family  ;  and  in  case  the  annual  income  of 
his  or  her  estate  shall  be  insufficient  to  support  him  oi- 
lier, and  his  or  her  family,  and  to  pay  his  or  her  debts, 
then  on  application  of  the  conservator,  to  the  county 
court,  they  may  liquidate  the  debts  due  from  him  or 
her,  and  the  expenses  of  his  or  her  support ;  and  if  they 
find  the  personal  estate  to  be  insufficient  to  discharge  the 
same,  or  if,  in  their  opinion,  it  will  be  for  the  interest  of 
such  person  that  part  of  such  personal  estate  should  be 
retained  for  his  or  her  use,  such  county  court  shall  have 
power  to  order  a  sale  of  so  much  of  the  real  estate  as  Sale  of  real  es- 
shall  be  necessary  to  pay  the  same,  with  incident  charg-  tate. 
es  of  sale  ;  and  if  such  person  should  be  restored  to  his 
or  her  reason,  then  what  remains  of  his  or  her  estate, 
shall  be  returned  to  him  or  her,  or  in  case  of  his  or  her 
death,  to  his  or  her  heirs,  executors,  or'  administrators, 
after  a  reasonable  allowance  to  the  conservator  for  his 
services,  to  be  ascertained  by  such  county  court. 

SECT.  3.  If  any  lunatic  or  distracted  person  shall  go  at  Confinement  of 
large,  who  is  dangerous  and  unfit  to  be  without  restraint,  lunatic,  or  dis- 
and  may  injure  others,  in  their  persons  or  estate,  it  shall  traded  person. 
be  the  duty  of  the  civil  authority  and  select-men  of  the 
town  where  such  lunatic  or  distracted  person  belongs  or 
resides,  to  order  and  direct  that  he  be  confined  in  some 
suitable  place  ;  and  in  case  the  person  or  persons,  under 
whose  care  such  lunatic  or  distracted  person  shall  be,  or 
who  are  bound  to  provide  for,  and  support  him  or  her, 
shall    refuse  or  neglect  to  confine   him  or  her,  in  such 
place  and  manner  as  by  said  civil  authority  and  select- 
men   shall   be    directed,    then    the    said    civil    authori- 
ty and  select-men  shall  take  proper  and  effectual  means 
to  prevent  him  or  her  from  going  at  large,  and  for  his  or 
her  confinement  and  support  in  some  suitable  place. 

SECT.  4.  Whenever  any  person,  tried  for  murder  or  Confinement  of 
manslaughter,  shall  be  acquitted,  on  the  sole  ground  of  in-  persons  tried 

sanity,  the  court,  before  whom  the  trial  is  had,  may,  if  formurf]er> 

,  J  ' .      or  manslaudi- 

they  deem  it  proper,  commit  such  person  to  the  gaol  in  ter,  and  ac- 

the  county  where  such  trial  is  had,  there  to  be  closely  quitted  on  the 
confined  during  such  insanity,  unless  some  person  or  per-  ground  of  in- 
tons  shall  undertake  and  give  bond  to  the  treasurer  of  the  sam 
state,  before  such  court,  to  their  satisfaction,  to  confine 
such  insane  person,  in  such  manner  as  said  court  shall  or- 
der and  direct. 

SECT.  5.   And  any  person,  confined  as  aforesaid,  or  his  Enlargement 
or  her  relations,  shall  have  right  to  apply,  by  petition,  to  and  disposal  of 
the  county  court,  in  the  county  where  such  person  is  such  persons, 
confined,  for  his  or  her  enlargement  ;    which  petition       //'/•      L 
shall   be  served  on  the  select-men  of  the  town  where   *"      ^J^j^ 
such  person  belongs,  in  the  manner  prescribed  by  law  ;      *~       '     T 


276 


Title   49.     Idiots. 


Expense  by 
whom  to  be 
paid. 


Duty  of  select- 
men to  inspect 
management, 
&c.  of  their 
inhabitants. 


Duty  of  over- 
seer, in  first 
stage. 


Revocation  of 
appointment. 


Proceedings 
preparatory 
to  second 
stage. 


and  said  court  shall  order  and  decree  with  respect  to 
the  future  disposal  of  the  person  so  confined,  as  to  them 
shall  appear  proper  arid  reasonable.  And  all  expens- 
es incurred  under  the  three  preceding  sections,  shall 
be  paid  out  of  the  estate  of  such  lunatic  or  distracted 
person,  if  any  he  or  she  has  ;  if  not,  by  his  or  her  re- 
lations, if  he  or  she  has  any,  of  sufficient  ability,  liable, 
by  law,  to  support  him  or  her  ;  if  none,  then  by  the  town 
to  which  he  or  she  belongs. 

SECT.  6.  The  select-men  shall,  from  time  to  time, 
carefully  inspect  the  management  and  conduct  of  all  per- 
sons residing  in  their  respective  towns  ;  .and  if  they  find 
any  person,  by  idleness,  gaming,  intemperance,  debauch- 
ery, mismanagement,  or  bad  husbandry,  likely  to  spend 
and  waste  his  or  her  estate,  to  be  reduced  to  want, 
and  to  become  chargeable  to  the  town,  they,  or  a  major- 
ity of  them,  shall  appoint  some  proper  person  to  be  his 
or  her  overseer ;  to  advise,  direct  and  order  him  or  her, 
in  the  management  of  his  or  her  business  ;  which  ap- 
pointment shall  be  under  the  hands  of  the  select-men, 
specifying  the  cause,  and  the  time  for  which  the  appoint- 
ment is  made,  not  exceeding  three  years,  and  shall  be  set 
up  on  the  sign-post  in  said  town,  and  a  copy  thereof  shall 
be  lodged  with  the  town-clerk  of  the  town  ;  and  such  se- 
lect-men shall  have  power  to  remove  such  overseer,  for 
neglect  of  duty,  or  mismanagement  in  his  trust,  and  to  ap- 
point another  in  his  place  :  and  no  person,  under  the 
appointment  of  an  overseer,  shall  be  capable  of  making  a 
contract  without  his  consent. 

SECT.  7.  It  shall  be  the  duty  of  the  overseer  to  super- 
intend the  management  of  the  estate  and  concerns  of 
such  person,  and  to  restrain  him  or  her  from  improvi- 
dent contracts,  and  from  wasting  his  or  her  estate,  and  to 
assent  to  all  contracts  and  dispositions  of  his  or  her  pro- 
perty, n£cessary  for  a  proper  management  of  his  or  her 
concerns,  and  the  support  of  such  person,  or  his  or  her 
family.  And  if  such  person  shall  reform,  the  select-men 
may  revoke  the  appointment  of  the  overseer  ;  but  if  such 
measures  do  not  produce  a  reformation,  and  he  or  she  re- 
fuses to  submit  to  the  authority  of  the  overseer,  then  the 
select-men  may  apply  to  two  or  more  justices  of  the 
peace  in  the  same  town,  who  may  issue  a  warrant,  and 
cause  such  person  to  be  brought  before  them,  or  may  no- 
tify him  or  her  to  appear  at  some  proper  time  and  place, 
or  if  he  or  she-absconds,  a  notice  left  at  his  or  her  usual 
place  of  abode  shall  be  sufficient :  And  such  justices  of 
the  peace  shall  make  due  enquiry,  and  if  they  find,  that 
such  person,  by  his  or  her  misconduct,  as  aforesaid,  is 
wasting  his  or  her  estate,  and  is  likely  to  be  reduced  to 


Title  49.     Idiots. 

want,  and  that  he  or  she  refuses  to  submit  to  the  authori- 
ty of  his  or  her  overseer,  then  they  may  direct  and  au- 
thorize the  overseer,  or  any  other  person  they  may  think 
proper  to  appoint,  to  take  his  or  her  family  and  estate 
under  his  care. 

SECT.  8.  It  shall  be  the  duty  of  such  overseer  to  make  ™* 
out  a  true  and  perfect  inventory  of  all  the  estate  of  such  9tag'e 
person,  both  real  and  personal,  and  deposit  a  copy  there- 
of in  the  office  of  the  town-clerk.     And  such  overseer 
shall  have  power  to  use  and  manage  the  estate,  in  such 
manner  as* he  judges  will  be  for  the  best  interest  of  such 
person  ;  to  collect  and  pay  his  or  her  debts ;  and  to  insti- 
tute suits  for  that  purpose  ;  to  apply  the  income  and  a- 
vails  of  his  or  her  estate  to  support  him  or  her,  and  his 
or  her  family;  and  when  necessary,  to  sell  and  dispose 
of  his  or  her  personal  estate.     And  if  the  rents  and  a- 
vails  of  his  or  her  estate   shall  be  insufficient,  to  pay  his 
or  her  debts,  and  support  his  or  her  family,  then   the 
overseer  may  apply  to  the  county  court,   who,  in  such  gaje  Of  reai  es. 
case,  may  order  a  sale  of  his  or  her  real  estate  for  that  tate> 
purpose.     And  all  overseers  appointed  by  two  justices  of 
the  peace,  shall  renderan  account,  annually,  to  the  select- 
men of  the  town,  and  oftener,  if  required,  of  the  manage- 
ment of  such  estate,  and  the  disposition  thereof  5  and  may  Removal  oi 
be  removed  by  the  select-men,  with  the  advice  and  con-  overseer, 
sent  of  two  justices  of  the  peace  in  the  town,  for  miscon- 
duct in  their  office,  and  others  may,   in  like  manner,  be 
appointed  in  their  place  ;  and  in  case  of  the  death  or  re- 
signation of  an  overseer,  the  select-men,  with  the  advice 
and  consent  of  two  justices  of  the  peace  in    the  town, 
may  appoint  another  in  his  place.     And  whenever  a  va- 
cancy shall  occur  in  the  office  of  an  overseer,  by  death  or 
otherwise,  the  disability  of  the  person  over  whom  such 
overseer  may  have  been  appointed  to  convey  his  or  her 
estate,  or  to  make  contracts,  shall  continue  for  the  term  Disability  to 
of  nine  days  thereafter,  that  the  select-men  of  such  town  continue  nine 
may  have  an  opportunity  to  supply  such  vacancy,  by  an-  days  after  va" 
other  appointment. 

SECT.  9.    Whenever  such  person  shall    reform,  said  proceeding8  to 
justices  of  the  peace  shall  have  power  to  stop  all  proceed-  be  stopped,  in 
ding?  against  him  or  her ;  to  revoke  the  appointment  of  case. of  refor- 
the  overseer ;  and  to  order  his    or  her  estate  to  be  re-  matlon* 
turned  to  him   or  her.     And  if  any  person  shall   be  ag- 
grieved, he  or  she  may  appeal  from  the  doings  of  the  se-  Appeal 
lect-men,  or  the  justices  of  the  peace,  to  the  county  court 
in  the  county  where  the  parties  liv  •_•.  who  may  grant  the 
proper  relief. 

SECT.  10.   When  it  shall  so  happen,  that  any  man  shall  Husband'ses 
die  without  issue,  leaving  a  widow,  and  estate  real  or  per-  tate  liable  for 


278 


Title  50.     hdiam. 


support  of  im- 
potent widow. 


Such  support 
may  be  recov 
ered  of  heirs 
or  legatees. 


sonal  belonging  to  him,  such  estate  is  hereby  made  lia- 
ble tor  the  support  of  the  widow  of  such  deceased  hus- 
band, during  her  widowhood,  in  case  she  become  impotent, 
and  no  person  of  ability  be  liable  to  support  her.  And 
all  and  every  person  or  persons,  to  whom  such  estate,  or 
any  part  thereof,  is  give  nor  descends,  respectively,  shall, 
so  far  as  the  estate  so  given  or  descended  extends,  be 
held  to  support  such  widow,  during  her  widowhood,  in 
proportion  to  the  value  of  the  estate  so  given  or  de- 
scended, to  him  or  them  as  aforesaid,  respectively  :  such 
support  and  maintenance  to  be  recovered  of  such  heir  or 
legatee,  or  their  heirs,  in  the  same  way  and  manner  as 
the  same  may  be  obtained  against  children  for  the  sup- 
port of  their  parents,  according  to  the  law  in  such  case 
made  and  provided. 


TITLE  50.     Indians. 


An  Act  for  the  protection  of  Indians,  and  the 
preservation  of  their  property. 


. 


Overseer  of 
each  tribe  to 
be  appointed 
by  the  county 
court. 


To  settle  his 
accounts  an- 
nually. 


Purchase  of 
land  from  In- 
dians prohib- 
ited, and  the 
purchase  void. 

Penalty  for 
selling  spirit- 
ous  liquors  to 
Indians. 


E  it  enacted  by  the  Senate  and  House  of  Rep- 
reseittalives,  in  Gentral  Assembly  convened, 
That  an  overseer  shall  be  appointed  to  each  tribe  of  In- 
dians living  within  the  limits  of  the  state,  by  the  county 
court,  in  the  county  in  which  such  tribe  resides,  who  shall 
have  the  care  and  management  of  their  lands,  and  shall 
see  that  they  are  husbanded  for  the  best  interest  of  the 
Indians,  and  applied  to  their  use  and  benefit. 

SECT.  2.  The  overseer  of  each  tribe  of  Indians  shall, 
annually,  state  and  settle  his  account  of  the  concerns  of 
such  tribe,  with  the  county  court,  in  the  county  within 
which  such  tribe  resides  ;  and  on  failure  thereof,  or  for 
any  neglect  of  duty,  such  county  court  may  remove  him 
from  office,  and  appoint  another  in  his  place  ;  and  said 
court  may,  at  any  time,  call  such  overseer  to  account. 

SECT.  3.  If  any  person  shall  purchase,  hire,  or  receive, 
by  gift  or  mortgage,  any  land  from  any  Indian  or  Indians, 
he  shall  forfeit  treble  the  value  of  the  land  to  the  treasury 
of  the  state,  and  the  bargain  and  conveyance  shall  be 
absolutely  void. 

SECT.  4.  If  any  person  shall  sell  or  give  any  spiritous 
liquor  to  any  Indian,  he  shall,  for  every  such  offence,  pay 
a  fine  of  two  dollars  to  the  use  of  the  town  where  the 
offence  is  committed,  for  every  pint,  and  in  the  same 
proportion  for  every  greater  or  less  quantity  :  Provided, 
that  this  shall  not  be  construed  to  prevent  or  restrain  any 
act  of  charity,  for  relieving  an  Indian,  in  case  of  sickness, 
or  necessity. 


Title  51.     Inhabitants  279 

SECT.  5.  No  judgment  shall  be  rendered  against  an  Indians  not  lia, 
Indian,  for  any  debt,  or  on  any  contract,  except  for  rent  tr^c£,n  c°n" 
of  land,  hired  and  occupied  by  such  Indian. 

SECT.  6.  In  a  suit  brought  by  any  Indian  or  Indians,  Possession  of 
for  the  recovery  of  land,  reserved  by  Indians  for  them-  ^L^tHle 
selves,  or  sequestered  for  their  use,  by  the  general  assem-  against  In- 
bly,  or  by  any  town,  agreeably  to  law,  the  defendant  shall  dians. 
not  be  permitted  to  avail  himself  of  a  possession  for  tifteen 
years  or  more,  to  make  out  a  title.  (1) 

(1)  When  our  ancestors  took  possession  revision  of  1702,  there  are  some  additional 
of  the  territory  now  composing  this  state,  it  regulations  to  prevent  the  selling  of  strong 
was  inhabited  by  a  great  number  of  tribes  drink  to  them ;  to  punish  them  for  drunk  en- 
of  Indians.  They  never  had  a  war  with  ness ;  to  protect  them  in  their  rights  of 
any  tribe  but  the  Pequots,  within  the  state.  property ;  and  to  prevent  any  private  per- 
At  a  very  early  period,  they  were  all  in  son  from  purchasing  their  lands.  Under 
some  degree  of  subjection  to  the  English ;  this  mild  treatment,  without  war  or  pesti- 
they  were  never  treated  as  a  conquered  lence,^they  have  been  constantly  diminish- 
nation,  or  enslaved ;  but  were  treated  as  ing,  and  are  now  reduced  to  a  very  small 
friends  and  allies,  and  were  considered  as  number,  and  will  probably,  in  a  short  time, 
a  free  people.  The  great  object  was,  to  wholly  disappear.  So  great  was  their  im- 
fivilize  and  christianize  them ;  and  the  providence,  that  the  government,  at  an 
control  exercised  over  them  was  for  their  early  period,  were  obliged  to  appoint  over- 
protection  and  benefit.  In  the  revison  of  seers  to  each  tribe,  which  practice  has 
1672,  regulations  are  found,  requiring  min-  been  continued  to  the  present  time  ;  and 
isters  of  the  gospel  to  endeavor  to  convert  all  that  can  now  be  done  for  them,  is  to 
the  neighboring  Indians  to  Christianity,  prevent  them  from  wasting  their  property, 
prohibiting  powaws,  and  the  profanation  and  to  see  that  the  lands  which  have  been 
of  the  sabbath,  and  punishing  murders.  secured  to  them,  by  the  government,  for 
Precautions  were  taken  to  guard  against  their  support,  are  properly  managed,  and 
injuries  committed  by  the  Indians.  In  the  the  avails  applied  to  their  benefit." 

TITLE  51.     Inhabitants. 

An  Act  for  the  admission  and  settlement  of  In- 
habitants in  Towns. 

SECT          T^^  **  enacted  ty  the  Senate  and  House  of  Rep - 
JJ  resentatives,  in  General  Assembly  convened, 

That  no  foreigner,  or  person  who  is  not  an  inhabitant  of  HOW  foreign- 
this  state,  or  any  of  the  United  States,  who  shall  come  ers  shall  gain 
to  reside  in  any  town  in  the  state,  shall  gain  a  settlement  ^ttteroent"- 
in  such  town,  unless  admitted  by  the  vote  of  the  inhab- 
itants of  such  town,  or  by  consent  of  the  civil  authority 
and  select-men  of  such  town,  or  unless  such  person  shall 
be  appointed  to  and  execute  some  public  office. 

SECT.  2.  No  person,  who  is  an  inhabitant  of  any  of  How  inhabit 
the  United  States,  (this  state  excepted)  who  may  come  2JSegf9iJ2jer 
to  reside  in  any  town  in  the  state,  shall  gain  a  settlement  gain  settle- 
therein,  unless  he  shall  have  statedly  resided  in  such  ments. 
town  one  year,  next  preceding  the  time  he  claims  to  be 
admitted  an  inhabitant,  and  has  some  one  of  the  requisites 
enumerated  in  the  preceding  section ;  or  unless  he  shall 


280  Titk  51.     Inhabitants. 

have  been  possessed,  in  his  own  right,  in  fee,  of  real 
estate,  situated  in  this  state,  of  the  value  of  three  hun- 
dred and  thirty-four  dollars,  free  from  any  incumbrance  : 
and  where  the  title  to  such  real  estate  shall  be  by  deed, 
such  deed  shall  have  been  recorded,  at  full  length,  in  the 
proper  office,  for  the  term  of  one  year :  nor  shall  such 
person  gain  a  settlement,  unless  he  has  been  the  owner 
of  such  estate,  and  has  resided  in  such  town,  at  least  one 
year  next  preceding  the  time  he  claims  to  be  admitted  as 
an  inhabitant. 

How  inhaln-         SECT>  3<  ^o  inhabitant  of  any  town  in  this  state,  shall 
tants  of  one  •         i        i  ,  •  /u 

town  shall  gain  gain  a  »egal  settlement  in  any  other  town,  unless  he  have 

settlements  in    some  one  of  the   requisites  enumerated  in  the  first  sec- 

aaother.  tion  in  this  act ;  or  unless  he  shall  have  been  posses  -d. 

in  his  own  right,  in  fee,  of  a  real  estate,  of  the  vaiiu-  of 

one  hundred  dollars,  free  from  any  incumbrance.  for  the 

space  of  one  year,  in  the  town  to   which  he  may  have 

removed,  during  his  continuance  therein  ;  or  unless  he 

shall  have  supported  himself,  for  the  term  of  six  years. 

agreeebly  to  the  provisions  in  the  next  following  section 

in  this  act. 

SECT.  4.  Any  inhabitant  of  any  town  in  the  state,  may 
remove,  with  his  or  her  family,  or,  if  such  person  have 
no  family,  may  remove  him  or  herself,  into  any  town, 
and  continue  there,  without  being  liable  to  be  warned  to 
depart,  or  to  be  removed  therefrom,  except  in  the  cases 
hereinafter  provided,  and  shall  gain  a  settlement  in  the 
town  to  which  he  or  she  may  have  so  removed,  in  case 
he  or  she  shall  reside  in  such  town  for  the  full  space  of  six 
years,  from  and  after  his  or  her  first  removal  into  such 
town,  and  shall,  during  the  whole  of  said  time,  have  sup- 
ported him  or  herself,  and  his  or  her  family,  if  such  per- 
son have  a  family,  at  the  time  of  such  first  removal,  or  at 
any  time  during  said  term,  without  his,  her  or  their  becoming 
chargeable  to  such  town,  or  to  the  town  that  may  by  law 
be  liable  to  charge  for  the  support  of  such  person  or 
family  :  but  if  any  such  person,  at  any  time  before  the 
expiration  of  said  term  of  six  years,  become  unable  to 
support  him  or  herself,  and  family,  if  any  there  be,  and 
become  chargeable  to  the  town  that  may  be  liable,  for  his, 
f  her,  or  their  support ;  or,  if  such  person,  at  any  time 
/  before  the  expiration  of  said  term  of  six  years,  shall 
V  neglect  or  refuse  to  pay  any  taxes  within  the  time  pre- 
V  scribed  by  law  for  payment,  demand  having  been  made 

J  by  the  collector  thereof ;  then,  in  such  cases,  respectively, 
every  such  person,  with  his  or  her  family,  may  be  remo- 
ved to  the  place  of  his  or  her  last  legal  settlement,  in  the 
same  manner  as  is  hereafter  provided  in  this  act  respect- 
ing the  removal  of  inhabitants  to  other  states. 


Title  51.     Inhabitants.  281 

SECT.  5.  When  any  inhabitant  of  any  town  shall  re-  When  paupers 
move  into  another  town,  and  whilst  there,  he,  she,  or  any  0®e0JJJJf  £. 
of  his  or  her  family,  if  any  there  be,  shall  become  charge-  come  charge- 
able to  the  town  from  which  he,  she  or  they,  respectively,  able  in  anoth- 
removed,  and  to  which  they,  respectively,  belong ;  then,  JJj^JJJJjf0  h 
the  civil  authority,  or  any  two  of  them,  in  the  town  to 
which  such  pauper  or  paupers  belong,  shall  have  power, 
on  the  application  of  the  select-men  of  such  town,  if 
they  shall  judge  proper,   by  warrant,  under  their  hands, 
directed  to  either  of  the  constables  of  said  town,  to  or- 
der said  pauper  or  paupers  to  be  taken  and  transported 
from  the  town  where  they  reside  and  are  chargeable,  to 
the  town  to  which  he,  she,  or  they,  respectively,  belong; 
and  such  constable  shall  take  and  transport  him,   her,  or 
them,  according  to  the  directions  contained  in  such  war- 
rant. 

SECT.  6.  When  any  inhabitant  of  any  of  the  United  inhabitants  of 
States,  (this  state  excepted,)  shall  come  to  reside  in  any  other  states, 
town  in  this  state,  the  civil  authority,  or  the  major  part  how  *?  be  re~ 
of  them,  in  such  town,  are  hereby  authorized,  upon  the  m 
application  of  the  select-men,  if  they  judge  proper,  by 
warrant,  under  their  hands,  directed  to  either  of  the  con- 
stables of  said  town,  to  order  said  person  to  be  conveyed 
to  the  state,  from  whence  he  or  she  came  ;  and  such 
constable,  on  receiving  said  warrant,  is  hereby  authoriz- 
ed to  execute  the  same  ;  and  the  expense  thereof,  being  Expense  how 
liquidated  and  allowed,  by  the  select-men  of  the  town  to  to  be  paid. 
which  such  constable  belongs,  shall  be  paid  out  of  the 
treasury  of  such  town.     And  also  the  expense  of  con- 
veying an  inhabitant  of  this  state  as  aforesaid,  shall  be 
liquidated,  allowed  and  paid,  in  the  same  manner  ;  pro- 
vided such  person,  in  either  case,  has  not  gained  a  legal 
settlement  as  aforesaid. 

SECT.  7.  The  select-men  of  any  town  shall  be,  and  gelect-mea 
they  are  hereby  authorized,  either  by  themselves,  or  by  may  warn  per- 
warrant  from  a  justice  of  the  peace,  in  such  town,  direct-  sons  not  in- 
ed  to  either  constable  of  such  town,  which  warrant  such  ^lta"ts  of 
justice  is  hereby  authorized  to  give,  to  warn  any  person  depart, 
not  an  inhabitant  of  this  state,  to  depart  such  town  ;  and 
the  person  so  warned,  shall  forfeit  and  pay  to  the  treas- 
urer of  such  town,  one  dollar  and  sixty-seven  cents  per  Forfeiture  for 
week,  for  every   week  he  or  she  shall  continue  in  such  not  departing, 
town,  after  warning  given  as  aforesaid  ;  and  when  any 
«uch  person,  who  shall  be  convicted  of  the  breach  of  this 
net,  in  refusing  to  depart  on  warning  as  aforesaid,  hath  no 
estate  to  satisfy  the  tine,  such  person  shall  be  whipped  on 
the  naked  body,  not  exceeding  ten  stripes,  unless  he  or 
she  depart  the  town  within  ten  days  next  after  sentence 
given,  ami  reside  no  more  therein,  without  leavo  of  tke 
36 


282  Title  52.     Insolvency. 

Proviso.  select-men.     Provided   nevertheless,  that  nothing  con- 

tained in  this  section,  or  the  section  next  preceding,  shall 
be  construed  to  affect  apprentices  under  age,  or  servants 
bought  for  time. 

Persons  sent          SECT.  8.  If  any  person,  not  an  inhabitant  of  this  state, 

^a'T'  r^tura*    shall  return,  after  such  sending  away  as  aforesaid,  and 

whippedf          abide  in  said  town  from  whence  sent,  after  warning  given 

him  to  depart  as  aforesaid,  he  shall  be  whipped  on  the 

naked  body,  not  exceeding  ten  stripes,  and  may  again  be 

sent  away,  and  dealt  with  as  aforesaid,  as  often  as  there 

shall  be  occasion  ;  and  the  select-men  in  the  respective 

towns  are  hereby  empowered  and  directed  to  prosecute 

all  breaches  of  this  act. 

Inhabitants  of       SECT.  9.   If  any  inhabitant  in  any  town,  shall,  contrary 

the  town  not     to  the  intent  of  this  act,  entertain  or  hire  any  such  person 

TOreo^noTin-  no^  an  ^rma^^ant  °f  this  state,  who  shall  come  to  reside 

habitants  of      in  such  town,  or  let  any  house  or  land  to  such  person,  un- 

the  state.          Jess  such  inhabitant  shall  first  give  security  to  the  accep- 

tance of  the  authority  and  select-men  of  such  town,  to 

save  said  town  from  all  expense  that  might  be  occasioned 

thereby  ;    such  inhabitant  shall  forfeit  and  pay  to  the 

treasury  of  such  town  one  dollar  and  sixty-seven  cents,  per 

week,  for  every  week  he  or  she  shall  harbor,  entertain, 

hire,  or  let  estate  as  aforesaid. 

The  bringing  SECT.  10.  Any  person,  who  shall  bring  into  this  state 
of  paupers  in-  any  poor  and  indigent  person,  and  leave  him  or  her  in  any 
*own  w'thin  the  same,  of  which  town  he  or  she  is  not  an 
inhabitant,  such  person  so  bringing  in  and  leaving  such 
poor  and  indigent  person,  shall  forfeit  and  pay.  for  every 
such  person  so  brought  in  and  left,  the  sum  of  sixty-seven 
dollars,  to  be  recovered  in  any  court  proper  to  try  the 
same,  to  and  for  the  use  of  such  town. 

TITLE  52.     Insolvency. 

An  Act  to  authorise  the  Superior  Court  to  grant 
relief  in  certain  cases  of  Insolvency. 


.  //  enacted 

' 


ed  by  the  Senate  and  House  of  Reprt- 
sentatives,in  General  Assembly  convened,  That 
Petition  for  re-  whenever  any  person,  who  is  an  inhabitant  of  this  state, 
lief  against        shall,  according  to  the  accustomed  form  of  chancery  pro- 
cess, prefer  his  or  her  petition  against  his  or  her  credit- 
ors, to  the  superior  court,  held  in  the  county  whereof  he 
or  she  is  an  inhabitant,  representing  that  he  or  she  is 
insolvent,  and  praying  for  relief;  such  court  shall,  as  a 
toUhave°rCogrii*  court  °f  chancery,  have  cognizance  of  the  case,   and  if, 
zance.-  upon  a  hearing  and  examination  had,  it  shall  appear  to 


Title  52.     Insolvency.  283 

the  court,   that  the   petitioner  has  a  fair  character  for  Substance  of 
probity  and   industry,   and  is  not  justly  chargeable  with  tiePetltlon- 
idleness  or  mismanagement  in  his  or  her  affairs,  and  that 
he  or  she  has  become  insolvent,  and  has  not  conveyed 
any  of  his  or  her  estate  with  intent  to  defraud  his  or  her 
creditors,  he  or  she  shall  be  deemed  and  adjudged  to  be 
an  insolvent  debtor  within  the  true  intent  and  meaning  of 
this  act. 

SE(  T.  2  Whenever  any  debtor  shall  prefer  his  or  her  Mode  of  notice 

petition  to  the  superior  court  for  the  benefit  of  this  act,  he  to Creditors 

. r          .  ,  r    ,  ,  r    .  '  .        out  01  the 

or  she  may  apply  to  either  ol  the  judges  ot  the  superior  state. 

court,  who  is  hereby  authorized  to  grant  an  order,  direct- 
ing the  notice  which  shall  be  given  on  such  petition,  to  the 
creditors  of  such  debtor,  living  without  this  state  ;  and  on 
proof  being  made  to  said  court  that  such  order  has  been 
complied  with,  the  court  may,  at  their  discretion,  pro- 
ceed to  hear  and  determine  such  petition^  at  the  term  to 
which  the  same  is  made  returnable. 

SECT.  3.  Whenever  any  person  is  adjudged  to  be  an 
insolvent  debtor,  in  manner  aforesaid,  such  court  shall 
have  power  to  appoint  two  or  three  judicious  and  disinter- 
ested persons  to  act  as  commissioners,  in  exercising  the 
powers,  and  granting  the  relief  in  this  act  hereafter  spe-  Commission- 
cified  ;  and  such  commissioners,  before  they  shall  be  ca-  ers' 
pable   of  acting,  shall,  respectively,  take  the  following 
oath  : — i;You  A.  B.  do  swear,  that  you  will  faithfully  and  Form  of  their 
impartially,  according  to  your  best  skill  and  knowledge,  oath- 
execute  the  several  powers  and  trusts  reposed  in  you, 

as  a  commissioner  on  the  estate  of :  So  help 

you  GoJ."  And  the  commissioners  who  shall  be  sworn 
as  aforesaid,  shall  proceed,  as  soon  as  may  be,  to  execute 
their  powers.  And  in  order  that  the  relief  provided  in 
this  act  may  ensue  to  such  insolvent  debtor,  he  or  she 
shall,  within  thirty  days  from  the  rising  of  the  court 
aforesaid,  assign  upon  oath,  to  such  commissioners,  by 

legal  and  proper  conveyances,  all  his  or  her  estate,  real    . 

.     ,  .     '  Assignment  of 

or  personal,  in  possession,  remainder,  or  reversion,  ex-  estate. 

cepting  only  such  estate,  as  is  not  by  law  liable  to  be  taken 
in  oicr.ution  ;  and  the  commissioners  shall  be  authorised 
to  administer  such  oath  to  such  insolvent  debtor,  and  to 
propound  to  him  or  her  interrogatories  to  be  answered  up-  iuc  insolvent 
on  oath,  touching  his  or  her  estate;  and  if,  in  the  opin-  ouoath. 
ion  of  the  commissioners,  such  insolvent  shall  have  made 
a  ful^nd  fair  disclosure  and  assignment  of  his  or  her  es- 
tate, according  to  the  true  intent  of  this  act,  and  not  other- 
wise, the  commissioners  shall  deliver  to  such  insolvent  a 
certificate,  under  their  hands,  that  he  or  she  has  made  an 
assignment  of  his  or  her  estate,  in  conformity  to  the  re- 


284 

Certificate 
to  be  evidence 
of  conformity, 
and  shall  pro- 
tect the  person 
of  the  insol- 
vent. 


Proviso,  that 
on  petition  of 
creditors^  and 
proof  of  fraud, 
the  superior 
court  may  ad- 
judge certifi- 
cate to  be  of 
no  avail. 


Powers  and 
duties  of  the 
commission- 


Title  52.     Insolvency. 

quirement  of  this  act :  and  such  certificate  shall  be  evi- 
dence of  his  or  her  conformity,  and  as  such  shall  operate 
to  protect  the  person  of  such  insolvent  debtor  from  ar- 
rest or  imprisonment,  for,  or  on  account  of,  any  debt  01 
demand  due,  or  owing,  to  any  creditor  named  in  his  oi- 
lier petition,  at  the  date  thereof,  or  to  any  other  creditor, 
who  shall  claim  or  receive  any  share  or  dividend  from  his 
or  her  estate,  by  virtue  of  the  provisions  hereafter  con- 
tained in  this  act.  Provided  however,  that  if  any  creditor 
or  creditors,  the  recovery  of  whose  claim  or  claims  is 
barred  in  manner  aforesaid,  shall  prefer  a  petition  against 
said  insolvent,  to  the  superior  court,  in  the  county  where- 
in such  insolvent  resides,  and  shall,  on  trial  thereof,  make 
proof,  that  such  insolvent  hath  fraudulently  concealed,  or 
wilfully  neglected  to  assign  any  of  his  or  her  property,  in 
manner  aforesaid  ;  or  directly,  or  indirectly,  sold,  or 
otherwise  disposed  of,  any  part  thereof,  thereby  to  secure 
the  same,  to  receive  or  expect  any  profit  or  advantage 
thereof;  or  that  any  creditor,  or  pretended  creditor,  of 
such  insolvent,  has  exhibited  to  the  commissioners,  any 
fictitious  or  false  debt  or  demand,  with  intent  to  defraud 
the  real  creditors  of  such  insolvent,  and  that  he  or  she, 
knowing  thereof,  hath  neglected  to  make  discovery  there- 
of ;  such  proof  shall  be  evidence  that  such  insolvent  debt- 
or hath  deceived  and  defrauded  his  or  her  creditors  ;  and 
it  shall  thereupon  be  the  duty  of  the  court  to  adjudge, 
that  hereafter  the  certificate  given  to  such  insolvent  debt- 
or, shall  be  of  no  avail  as  evidence  in  any  court  of  law 
or  chancery. 

SECT.  4.  The  commissioners  shall  hold  all  such  estate 
as  shall  be  assigned  to  them,  in  manner  aforesaid,  for  the 
benefit  of  all  the  creditors  of  such  insolvent  debtor  as 
shall  exhibit  and  prove  their  claims  ;  and  shall  have  full 
power,  in  their  own  names,  or  otherwise,  to  collect  all 
debts  due,  or  owing  to  such  insolvent,  and  to  pursue  any 
action  commenced  by  him  or  her,  and  to  institute,  and 
pursue  to  final  judgment,  any  suit  for  the  recovery  of  any 
estate  assigned  as  aforesaid ;  and  it  shall  be  the  duty  of 
the  commissioners  to  dispose  of,  sell  and  convey,  as 
speedily  as  may  be,  all  the  effects  and  estate,  which  shall 
be  so  assigned  to  them,  and  the  same  to  convert  into  money, 
for  the  use  of  the  creditors  of  such  insolvent  debtor. 

SECT.  5.  The  commissioners  shall  also  receive,  adjust, 
and  ascertain  the  several  debts,  due  and  owing,  by  the  in- 
solvent debtor,  to  such  of  his  or  her  creditors,  as  shall 
seasonably  present  and  prove  the  same ;  and  for  that 
purpose,  they  shall,  within  thirty  days  from  the  time  such 
assignment  is  made,  give  public  notice  of  the  times  and 


comi 
ers. 


Title  52.     Insolvency.  285 

places  of  their  meetings,  in  such  newspaper  or  newspapers, 
as  the  superior  court  shall  direct ;  and  they  shall  meet  at  Meetings  of 
least  three  different  times,  the  last  of  which  meetings  shall 
be  at  the  expiration  of  six  months  from  the  public  notice 
given  aforesaid,  unless  the  superior  court,  holden  as  afore- 
said, shall,  for  cause  shewn,  adjudge  it  reasonable,  that  the 
time  of  the  last  meeting  be  further  extended  ;  in  which 
case,  the  commissioners  shall  conform  to  the  direction  of 
such  court :  and  no  claim  shall  be  admitted  after  such  last 
meeting ;  but  as  soon  as  may  be  thereafter,  the  commis- 
sioners shall  examine  and  decide  upon  all  claims,  which 
shall,  at  the  time  of  said  last  meeting,  remain  undecided. 
And  the  commissioners  shall  average  all  claims  allowed,  Avera?e- 
upon  the  avails  of  the  estate  which  shall  come  to  their 
possession,  first  deducting  therefrom  all  claims,  which  may 
be  allowed  in  favor  of  this  state,  and  a  reasonable  allow- 
ance for  their  services  and  expenses  ;  and  shall  pay  over 
to  each  creditor,  whose  debt  shall  have  been  proved  and 
allowed,  his  or  her  rateable  share  or  dividend. 

SECT.  6.  The  superior  court,  which  shall  have  appoint-   Powersof  su- 
ed, shall  have  power,  for  cause  shewn,  to  remove  any   Penor  court 

i  i  •   i       i     1 1    over  comnus- 

commissioner,   and  to  supply  any   vacancy,  which  shall  sioners. 

happen  ;  and  may,  on  motion  of  one  fourth  of  the  credit- 
ors in   value,  and   reasonable  notice  given  to  the  com- 
missioners, hear,  and  decree  concerning  any  proceedings 
by  them  had,  or  any  neglect  charged  against  them,  after 
granting  the  certificate  aforesaid  ;  and  may,  by  any  pro- 
per process  in  chancery,  as  occasion  may  require,  compel 
the  commissioners  to  execute   their  trust,  in  such  man- 
ner as  the  court  shall  adjudge  that  the  provisions  of  this 
act  require.     And  as  soon  as  the  commissioners  on  any  Doings ofcom- 
in^olvent  debtor's  estate,  shall  have  completed  the  set-  missioners  to 
tlement  thereof,  they  shall  return  to  the  court,  to  be  lodg-  j*5  j° 
ed  on  file,  a  true  and  complete  account  of  the  proceeds 
of  such  insolvent  debtor's  estate,  as  also  of  the  several 
debts  by  them  allowed,  and  of  their  charges  and  expen- 
ses as  commissioners  ;  and  the  certificate  given  by  the  Certificate  to 
commissioners,  in  manner  aforesaid,  shall  be  recorded  in  be  recorded- 
the  records  of  the  court,  declaring  any  person  to  be  an 
insolvent ;  and  an  authenticated  copy  thereof  shall  be  ad- 
mitted in  evidence  in  all  courts  in  this  state. 


286 


Title  53.     Inspection  of  Provision*. 


TITLE  53.     Inspection  of  Provisions. 

An  Act  to  regulate  the  Inspection  of  Provisions, 
and  other  articles  of  Commerce. 


SECT    1 


pointed  ; 


to  give  bond; 


to  be  sworn  ; 


toappointdep- 

who  shall  give 
n    ' 


and  be  sworn; 


surveyorsand 
packers  ; 
who  shall  give 


and  be  sworn, 

Assistant  in- 

spectorsto 

makereturnto 

; 


deputies  to 
mspector-gen- 


inspector-gen- 
*ralto  senate, 


*'  enacted  ty  tfie  Stnate  and  House  ofRep- 
resentatixes*  in  General  Assembly  convened, 
That  there  shall  be  an  inspector-general  of  beef,  pork, 
fish,  flour,  corn-meal  and  shingles,  for  this  state,  who 
shall  be  well  skilled  in  the  knowledge  of  the  same,  to  be 
appointed  by  the  senate,  and  to  be  by  them  removable  at 
pleasure,  who.  before  he  shall  enter  on  the  duties  of  his 
gaid  office?  shaj]  gjve  bond?  with  sufljcjent  surety,  to  the 

treasurer  of  the  state,  in  the  penal  sum  of  five  thousand 
dollars,  for  the  faithful  discharge  of  his  duty,  and  shall  also 
jje  sworn  faithfully  to  perform  the  same  ;  and  such  in- 
spector-general shall  have  power,  when  so  qualified,  to 
appoint,  and  shall  appoint,  a  deputy-inspector,  in  each 
county,  who  shall  be  removable  by  him  at  pleasure,  and 
for  whom  he  shall  be  answerable  ;  and  shall  take  bonds 
from  them  to  himself  and  successor  in  said  office,  with 
sufficient  sureties,  in  a  penal  sum,  not  exceeding  one 
thousand  dollars,  and  the  said  deputy-inspectors  shall 
a]so  be  gworn  to  a  fajthful  discharge  of  their  duty  ;  and 
each  of  the  deputy-inspectors,  when  so  appointed  and 
qualified,  shall  appoint,  in  the  several  towns  in  their  re- 
spective  counties,  such  a  number  of  assistant  inspectors, 
surveyors  and  packers,  as  shall  be  necessary,  who  shall 
give  bonds,  with  surety,  to  the  deputy-inspector,  from 
whom  such  assistant,  surveyor,  or  packer,  shall  receive 
his  appointment,  in  a  penal  sum  of  not  less  than  one  hun- 
dred dollars,  for  the  faithful  discharge  of  their  duty,  and 
shall  also  be  sworn  faithfully  to  perform  the  same. 

SECT.  2.  It  shall  be  the  duty  of  every  assistant  inspec- 
tor  to  make  return  to  the  deputy-inspector,  by  whom  he 
gj^jj  ^aye  been  appointed,  once  in  every  three  months, 
of  the  number  of  barrels  and  half  barrels,  of  beef,  pork, 
fish  and  flour,  and  of  the  number  of  barrels  and  hogs- 
heads of  corn-meal,  and  the  number  of  thousands  of  shin- 
gles, inspected  by  him,  agreeably  to  the  provisions  of  this 
act  ;  and  every  deputy-inspector  shall  make  like  return, 
once  jn  every  six  months,  to  the  inspector-general,  of  the 
several  articles  aforesaid,  inspected  by  him  and  his  as- 
sistants; and  it  shall  be  the  duty  of  the  inspector-general, 
in  tlie  montn  °f  May,  annually,  to  make  return  to  the 
senate,  of  the  whole  number  of  barrels  and  half  barrels,  of 
beef,  pork,  fish  aud  flour,  and  the  number  of  barrels  and 


Title  53.     Inspection  of  Provisions.  287 

hogsheads  of  corn-meal,  and  the  number  of  thousands  of 
shingles,  inspected  according  to  the  directions  of  this  act, 
in  this  state,  the  year  preceding,  designating  the  different 
sorts   and  qualities  of  the  articles  aforesaid,   and    the 
places  where  they   were  inspected  ;    and  any  deputy- 
inspector  may,  when   requested,  and  at  his  discretion,  ^^JjJjJJ** 
direct  any  one  of  his  assistants,  to  go  into  any  part  of  the  sistanttogo 
county,  for  the  purpose  of  inspecting  any  of  the  articles  into  any  part 
aforesaid.  of  his  county. 

SECT.  3.  No  beef  shall  be  packed  or  repacked,  in  bar-  Merchantable 
rels  or  half  barrels,  for  exportation,  unless  it  be  of  fat  cat-  bifen  ^hat 
tie,  not  under  two  years  old,  and  all  such  beef  shall  be  cut 
into  pieces  as  nearly  square  as  may  be,  which  shall  not 
exceed  eight  pounds   in  weight,  nor  be  less  than  four 
pounds  weight.     All   beef  which  the  inspector-general, 
deputy-inspector,  orassistant,  shall  find,  on  examination,  to 
have  been  killed  at  a  proper  age,  to  be  fat,  and  otherwise 
good  and  merchantable,   shall  be  sorted  and  divided  by 
him,  in  five  different  sorts,  for  packing  and  repacking  into  Five  sorts, 
barrels  or  half  barrels,  to  be  denominated,  mess  ;  prime, 
No.  1  ;  prime,  No.  2  ;  cargo  ;  or  hock.     Mess  beef  shall  Mess  beef- 
consist  of  the  choicest  pieces  of  oxen  or  steers,  three 
years  old  or  more,  well  fatted,  and  weighing  six  hundred 
pounds,  or  more  :  the  shin,  shoulder-clod  and  neck,  shall 
be  taken    from  the  fore  quarters ;  and  the  leg  and  leg- 
rounds,  from  the    hind  quarters  :  and  each   barrel  and 
half  barrel,  containing  beef  of  this  description,  shall  be 
branded   on  one  of  the  heads,    with  the  words  u  Mess 
Beef."     Prime  beef,  No.  1 .  shall  consist  of  choice  pieces  Prime  beei, 
of  fatted  oxen,  steers,  cows  or  heifers,  three  years  old,  or        1* 
more,  not  under  four  hundred  pounds   weight,  and  to 
average  five  hundred  and  twenty  pounds  weight,  without 
any  neck  or  shanks ;  on  one  head  of  each  barrel  and 
half  barrel  of  beef  of  this  description,  shall  be  branded,  -x 

"  Prime  Beef,  No.  1."     Prime  beef,  No.  2.  shall  consist  Prime  beef,/ 
of  fat  cattle,  of  all  descriptions,  not  before  mentioned, 
three  years  old,  or  more,  (bulls  excepted.)  with  not  more 
than  half  a  neck  and  three  shanks,  and  without  any  hocks  ; 
each  barrel  and  half  barrel  of  which  shall  be  branded, 
"  Prime  Beef,  No.  2."     Cargo  beef  shall  consist  of  fat-  Cargo  beet. 
ted  cattle,  of  any  description,  two  years  old,  or  more, 
each  barrel  of  which  may  contain  two  hocks  and  one  half 
neck,  and  no  more  ;  each  barrel  and  half  barrel  of  which, 
shall  be  branded,  "  Cargo  Beef."     Hock  beef  shall  con-  Hock  beef. 
sist  of  hocks  and  necks,  the  flesh  of  the  cheeks,  hearts, 
and  skirts  of  hearts  of  fatted  cattle,  of  all  descriptions, 
two  years  old,  or  more ;  each  barrel  and  half  barrel  of 
which  shall  be  branded  "  Hock  Beef."     And  every  bar-  How  salted  : 
rel  of  beef  shall   be  salted  with  seventy-five  pounds  of 


288 


Title  53.     Inspection  of  Provisions. 


and  pickled. 


Pork  of  four 
qualities. 

Mess. 
One  hog. 
Prime. 

Cargo. 


How  salted 
and  pickled ; 


and  branded. 


Fish  for  mar- 
ket, how  pre- 
pared and 
put  up. 


Weight  of  bar- 
rels, &c. 


Shad  of  three 
qualities. 
Shad,  No.  1. 


Shad,  No.  2. 

Shad,  No.  3. 
To  be  inspect- 


clear  St.  Ubes,  Isle  of  May,  Lisbon  or  Turks-Island  salt, 
or  eighty  pounds  of  coarse  Liverpool  salt,  or  other  salt  of 
equal  quality,  exclusive  of  a  pickle,  made  of  fresh  water, 
as  strong  as  salt  will  make  it ;  and  to  each  barrel  of  beef, 
of  the  first  four  descriptions,  shall  be  added  six  ounces  of 
saltpetre ;  and  each  half  barrel  of  beef  shall  be  salt<  d 
with  one  half  the  quantity  of  salt  before  mentioned,  and 
three  ounces  of  saltpetre. 

SECT.  4.  There  shall  be  four  qualities  of  pork  for  ex- 
portation, known  and  distinguished  by  the  names  of  moss, 
one  hog,  prime,  and  cargo  pork  ;  mess  pork  to  consist  of 
rib  pieces  only  ;  one  hog,  to  be  one  hog,  and  no  more,  in 
a  barrel  ;  prime  pork,  to  consist  of  three  shoulders,  and 
one  head  and  a  half,  the  head  not  weighing  more  than 
twenty-four  pounds  to  a  barrel  ;  cargo  pork  to  consist  of 
not  more  than  five  shoulders,  and  not  more  than  thirty 
pounds  of  head  to  each  barrel ;  and  each  barrel  and  half 
barrel  of  pork  shall  be  salted  and  pickled,  with  the  same 
weight  of  salt,  and  the  same  kind  of  pickle,  as  is  in  this  act 
provided  for  packing  and  salting  beef ;  and  each  barrel 
and  half  barrel  of  pork,  when  so  inspected  and  packed  or 
repacked,  shall  be  branded  in  the  same  manner  as  is  in  this 
act  provided  for  branding  beef,  designating  the  different 
qualities  or  denominations  herein  described. 

SECT.  5.  All  pickled  shad,  codfish,  or  mackerel,  intend- 
ed for  market,  shall  be  split  and  well  cleansed,  and  pick- 
led in  a  strong  brine.  Shad  and  codfish  shall  lie  in  such 
brine,  at  least  fifteen  days  ;  and  mackerel  shall  lie  in  such 
brine,  at  least  forty-eight  hours,  before  they  are  put  up 
for  market ;  and  shall  be  put  up  in  barrels  or  half  barrels  ; 
each  barrel  shall  contain  two  hundred  weight ;  and  each 
half  barrel  shall  contain  one  hundred  weight,  well  pack- 
ed, with  a  sufficient  quantity  of  salt,  and  filled  with  a 
strong  brine.  And  shad  so  put  up,  shall  be  of  three  qual- 
ities :  the  first  of  which  shall  be  denominated  Shad,  No. 
1,  and  shall  consist  wholly  of  shad  well  saved,  free  from 
rust,  or  any  defect,  with  the  head  and  tail  cut  off,  and  the 
back-bone  taken  out ;  and  each  barrel  shall  contain  no 
more  than  seventy-two  shad  ;  half  barrels  no  more  thai! 
thirty-six  shad  each.  The  second  quality  shall  be  denom- 
inated, Shad,  No.  2  ;  and  shall  consist,  wholly,  of  well 
saved  shad,  trimmed,  pickled,  and  prepared  for  packing. 
in  the  same  manner  as  shad,  No.  1,  and  shall  not  contain 
more  than  eighty-two  shad  to  a  barrel ;  half  barrel?  not 
more  than  forty-one  shad  each.  The  third  quality  shall 
be  denominated  Shad,  No.  3,  and  shall  consist  of  shad 
well  saved,  with  the  head  taken  off,  that  will  not  answer 
for  either  of  the  two  former  numbers.  And  said  barrels 
and  half  barrels  of  fish,  shall  be  inspected  and  brand 


Title  53.     Inspection  of  Provisions.  289 

ed  in  the  manner  herein  before  provided,  for  inspect-  and  branded  : 

ing  beef;  and  the  inspector  who  shall  inspect  and  brand 

the  same,  shall  designate  by  each  brand,   the  quality, 

and  weight,  and  kind  of  fish  contained   in  said  barrel 

and  half  barrel,  by  him  branded,  and  also  the  name  of 

said  inspector,  and  the  name  of  the  town,  where  said 

fish  was  put  up.  Flour  to  be 

SECT.  6.  There  shall  be  two  qualities  of  wh'eat  or  rye  of  two  quali- 
flour,  for  exportation,  distinguished  by  the  names  of  Super-  gies : 
fine  and  Fine;  which  shall  be  put  in  barrels,  well  made,  and  jr^fr  ' 
trimmed  with  at  least  ten  hoops,  each  containing  one  Barrels,  how 
hundred  and  ninety-six  pounds,  and   shall  be  inspected  made; 
by  an  inspector  as  aforesaid,  who  shall  brand  one  head  of  *entg.COB 
the  said  barrels  with  his  surname,  the  quality  of  the  flour,  to  beinspect- 
whether  wheat  or  rye,  fine  or  superfine,  and  shall  mark  ed ; 
the  quantity,  and  the  tare  thereof,  in  figures.  and  branded. 

SECT.  7.  All  corn-meal,  manufactured  and  put  up  for  Corn-meal, 
exportation,  to  any  foreign  market,  shall  he  made  of  corn, 
kiln-dried,  and  properly  ground,  bolted  and  cooled,  be- 
fore packed  ;  and  shall  be  put  into  barrels,  each  barrel 
containing  one  hundred  and  ninety-six  pounds,  or  into 
hogsheads,  each  hogshead  containing  at  least  eight  hun- 
dred pounds  ;  and  may  consist  of  two  qualities,  to  be  To  be  of  two 
denominated  No.  1.  and  No.  2.  ;  and  the  same  shall  be  HSdlfoX: 
inspected  as  aforesaid.     And  the  inspector  inspecting  the  TO  be  inspect- 
same,  shall,  on  one  head  of  each  cask,   mark  the   tare  ed,  and  brand- 
thereof,  and  the  quantity,  and  brand  the  same  with  "  K.  ed- 
D.  Corn  Meal,"  and  his  surname,  and  "  No.  1."  for  the 
first  quality,  and  "  No.  2."  for  the  second  quality,  and 
the  name  of  the  town,  where  inspected,  at  full  length,  and 
the  word  Connecticut,  abbreviated. 

SECT.  8.  All  cedar  and  pine  shingles,  that  shall  be  of-  Shingles  to  be 
fered  for  sale  in  this  state,  shall  be  inspected  as  afore-  j^^  and 
said  ;  and  each  bundle  of  shingles  shall  be  branded  across 
the  butt  of  the  same,  as  follows,  to  wit,  "No.  1."  aNo.  2."  To  ]*  of  four 
"No.   3."  or  "R.»     No.  1.  shall  be  at  least  eighteen  JJ™* 
inches  long,  halt  an  inch  in  thickness  at  the  butt,  and  four 
inches  wide,  straight  rifted  and  breasted.     No.  2.  shall  be  NO.  2. 
at  least  eighteen  inches  long,  seven  sixteenths  of  an  inch 
in  thickness  at  the  butt,  four  inches  wide,  straight  rifted 
and  breasted.     No.  3.  shall  be  at  least  seventeen  inches  ?y0  3 
long,  three  eighths  of  an  inch  in  thickness  at  the  butt, 
four  inches  wide,  and  straight  rifted.     Refuse  shall  consist  Ref,^. 
of  all  such  shingles  as  will  not  pass  inspection,  for  either 
of  the  other  classes,  unless  they  shall  be  so  bad,  as  not  to 
be  worth  half  the  price  of  No.  1.  in  the   estimation  of 
the  inspector,  in  which  case  they  shall  be  branded  UO." 

SECT.  0.   It  shall  be  the  duty  of  the  owner  of  shingles   pv,ner  OI- 
presented  for  inspection,  or  his  agent,  to  place  such  shin-  shingles  t« 
37 


290  Title  53.     Inspection  f>f  Provisions. 

place  them  so  gles  as  are  required  to  be  inspected,  in  such  a  situation, 

that  they  may  ag  ^a^  fae  bundles  may  be  conveniently  examined  by 

be  convenient-  ,       j         .      •                                    •   ,                    t             «•      i            / 

ly  inspected,  the  deputy-inspector,  or  assistants ;  and  no  shingles,  of 

How  aeked  any  flual't)''  sha11  Pass  inspection,  unless  so  packed,  as  to 
contain,  by  admeasurement,  one  fourth  part  of  a  thousand 
in  each  round  bundle,  and  either  one  thousand,  one  half 
a  thousand,  or  one  quarter  of  a  thousand,  in  each  square 
bundle. 

SECT.  10.  Any  person,  who  shall  offer  for  sale  any 
bSlfd'noUo  sningles,  in  this  state,  or  who  shall  export  any  shingles 
buffered  for  from  this  state,  which  are  branded  "  O,"  or  are  not  brand- 
sale:  ed  at  all,  or  branded  in  any  manner  not  prescribed  in  this 
penalty.  act,  shall  forfeit  the  same,  or  the  value  thereof,  one  half 
to  the  person  who  shall  sue  for  the  same,  and  the  other 
Proviso,  as  to  half  to  the  treasury  of  the  state  :  Provided,  that  shingles 
shingles  in-  imported  from  the  state  of  New-York,  and  which  shall 
branded  in"*  have  been  inspected  and  branded  in  said  state,  agreeably 
New-York.  to  the  laws  thereof,  shall  not  be  liable  to  any  of  the  re- 
quisitions aforesaid. 

Fraud  or  neg-  SECT.  11.  If  the  inspector-general,  his  deputy,  or  any 
lect  of  inspect-  assistant  inspector,  appointed  by  virtue  of  this  act,  shall 
•  >r,  &c.  ke  guiity  of  anv  fraud  or  neglect  in  the  inspection  of 

any  shingles,  contrary  to  the  true  intent  and  meaning  of 
this  act ;  or  shall  brand  or  mark  any  shingles,  which  he 
forfeiture.  has  not  inspected  ;  he  shall  forfeit  and  pay  one  dollar  for 
each  bundle  so  falsely  marked  or  branded,  one  half  to 
him  who  shall  sue  for  the  same,  and  the  other  halfto  the 
treasury  of  the  state. 

Barrels  for  SECT.  12.  All  barrels  and  half  barrels  containing  beef 

beef  and  pork,  or  pork,  of  any  description,  shall  be  made  of  good,  season- 
how  made.        e(j?  wnite-oak,  rock-oak,  or  white-ash  staves  and  heading, 
and  hooped  with  twelve  hoops,  which  shall  be  well  secur- 
ed, with  not  less  than  three  pins  in  each  bilge  ;  and  each 
barrel  shall  contain  two  hundred  pounds  weight  of  beef 
Capacity.         or  pOrk  .  an(j  eacn  najf  barrel  shall  contain  one  hundred 
pounds  weight  of  beef  or  pork  ;  and  each  barrel  shall 
not  be  of  less  gauge  than  thirty,  nor  more  than  thirty-one 
gallons  ;  and  each  half  barrel*  shall  gauge  not  less  than 
fifteen,  nor  more  than  sixteen  gallons. 

How  branded.  SECT.  13.  On  one  head  of  every  barrel  or  half  barrel, 
in  which  beef  or  pork  is  packed  or  repacked  for  exporta- 
tion, shall  be  branded  the  weight  it  contains,  with  the 
first-  letter  of  the  Christian  name,  and  the  surname,  at 
length,  of  the  inspector,  who  shall  have  inspected  the 
same,  with  the.  name  of  the  town  where  it  shall  have 
been  inspected,  in  legible  characters,  and  the  year  in  fig- 
ures, when  the  same  shall  have  been  inspected ;  also,  the 
addition  of  the  word  Connecticut,  abbreviated;  and 


Title  5  3.     Inspection  of  Provisions.  29 1 

every  barrel  and  half  barrel  of  beef  of  the  three  first 
qualities,  shall  also  be  branded  with  the  name  of  the 
person  for  whom  the  same  was  packed. 

SECT.  14.  All  barrels  and  half  barrels,  containing  fish  Barrels  forfish, 
for  exportation,  shall  be  well  made,  of  good  seasoned  red-  how  made : 
oak  or  white-oak,  or  chesnut  timber,  and  each  trimmed 
with  twelve  hoops  ;  and  each  barrel  shall  be  of  the  ca-  capacity, 
pacity  of  thirty  gallons,  and  each  half  barrel  of  the  capa- 
city of  fifteen  gallons  and  an  half. 

SECT.  15.  All  casks  for  putting  up  corn-meal  for  ex-  Casksforcorn- 
portation,  shall  be  barrels,  well  made  of  seasoned  timber,    meal,  how 
and  trimmed  with  at  least  ten  hoops  ;  or  hogsheads,  made  made  : 
of  good  white-oak  staves  and  heading,  clear  of  sap,  and 
well  seasoned,  suitable  for  holding  spirits  ;  or  of  other 
oak  timber,  well  seasoned,  with  pine  heads,  and  suitable 
for  holding  molasses  ;  and  all  such  hogsheads  shall  be 
trimmed  with  at  least  sixteen  hoops,  and  shall  be  of  the  capacity, 
capacity  of  at  least  one  hundred  and  ten  gallons. 

SECT.  16.  Whenever  any  inspector,  surveyor  or  pack-  Owners  of 
er  shall  be  required  to  cut,  pickle,  pack  or  repack  any  ^[shconve  ^ 
beef,  pork  or  fish,  or  inspect  or  pack  any  flour  or  corn-  iences  for 
meal  in  any  store,  yard,  or  place,  other  than  his  customary  packing,  &c. 
store  or  yard,  the  owner  or  owners  of  such  beef,  p"ork,  'n  wn»t  case, 
fish,  flour  or  corn-meal,  shall,  without  delay,  furnish  all 
materials  and  conveniences  necessary  to  perform  the 
same,  excepting  the  tools,  steel-yards,   or  weights  and 
scales,  of  such  surveyor,  inspector,  or  packer,  who  shall 
not  be  liable  to  any  expense,  for  the  use  of  the  store,  yard 
or  place,  wherein  such  beef,  pork,  fish,  flour  or  corn-meal 
shall  be  deposited.     And  if  any  inspector  or  packer,  shall,  Penalty  for 
in  the  discharge  of  his  office,  use  any  steel-yards   or  using  weights 
weights,  whiclTshall  not  have  been  tried  and  sealed  ac-  not  proved> 
cording  to  law,  he  shall,  for  each  offence,  forfeit  and  pay 
ten  dollars,  to  and  for  the  use  of  the  town,  to  which  he 
shall  belong. 

SECT.  17.  No  deputy  or  assistant  inspector,  appointed  Inspector  not 
by  virtue  of  this  act,  shall  inspect  or  brand  any  cask  of  to  inspect,  &c. 
beef,  pork,  fish,  flour  or  corn-meal,  or  bunch  of  shingles,  ™\ of  his  lim' 
out  of  the  town  or  county,  for  which  he  shall  have  been 
appointed,  (except  in  the  case  provided  for,  in  the  second  exception : 
section  of  this  act,)  under  the  penalty  of  fifty  dollars.  penaiiy. 
And  if  any  person,  other  than  the  inspector-general,  his 
deputy  or  an  assistant,  shall  stamp  or  brand  any  cask  of  so°  thar^uTiii- 
beef,  pork,  fish,  flour  or  corn-meal,  or  bunch  of  shingles,  spector  shall 
in  the  manner  directed  by  this  act,  every  person  so  of-  stamP  °r 
fending,  shall  forfeit  the  sum  of  twenty  dollars,  for  each  biand'  &c> : 
and  every  cask,  or  bunch  of  shingles,  so  unlawfully  stamp-  Penalty- 
ed  or  branded. 


292  Title  53.     Inspection  of  Provisions. 

Inspector  guil-  SECT.  18.  If  the  inspector-general,  his  deputy  or  a»- 
or  fraudSintis  sistant'  appointed  by  virtue  of  this  act.  shall  be  guilty  of 
office,  '  anv  neglect  or  fraud,  in  inspecting  any  beef,  pork,  ti?b, 

flour  or  corn-meal,  contrary  to  the  true  intent  and  meaning 
subjected  to      of  this  act,  or  shall  mark  with  his  brand  any  cask  con- 
forfeiture,         taining  beef,  pork,  fish,  flour,  or  corn-meal,  which  has  not 
been  actually  inspected,  or  put  a  false  brand  upon  such 
as  has  been  inspected,  he  shall  forfeit  and  pay  ten  dolors, 
for  each  and  every  cask,  so  falsely  or  deceitfully  marked. 
slalHakTout         SECT.  1 9.  Ifany  person,  after  the  inspection,  packing  and 
shift,  or        '    branding  of  any  cask,  containing  any  of  the  articles  herein 
change  arti-      before  enumerated,  shall  fraudulently  take  out,  shift,  or 
cles  inspected,  change  any  part  of  the  contents  thereof,  or  put  into  any 
such  cask,  any  of  said  articles  not  inspected,  with  intent 
to  evade  the  provisions  of  this  act,  every  person,  so  of- 
penalty.  fending,  shall,  for  each  and  every  such  offence,  forfeit 

and  pay  the  sum  of  twenty  dollars. 

Inspectors  to         SECT.  20.  It  shall  be  the  duty  of  every  inspector,  who 

give  certifi-       shall  inspect  and  brand  any  of  the  articles  herein  before 

cates.  mentioned,  agreeably  to  this  act,  to  give  to  the  owner  or 

owners  of  such  articles,  a  certificate  that  the  same  have 

been  inspected  and  branded  by  him,  according  to  law ; 

and  if  any  such  inspector  shall,  on  demand,  refuse  to  give 

Penalty  for  re-  such  certificate,  or  shall  give  a  false  certificate,  he  shall 

faira'certifi-2    ^OI^eit  an<*  Pav  to  sucn  owner  or  owners,  the  sum  of  seven 

cate.  dollars,  to  be  recovered  by  action  of  debt. 

Certificate  SECT.  21.  Whenever  the  certificate  required  by  this 

when  lost^how  act>  for  the  purpose  of  exportation,  cannot  be  obtained. 

supplied.          owing  entirely  to  the  different  destination  of  the  articles 

aforesaid,  after  they  have  been  inspected  and  branded, 

and  for  which  a  certificate  may  have  been  given,  it  shall 

be  the  duty  of  the  inspector-general,  his  deputy,  or  the 

assistant  inspector  of  such  articles,  where  the  same  may 

be  deposited,  to  make  diligent  examination  and  enquiry, 

respecting  the  same,  and,  if  satisfied  that  the  same  have 

been  duly  inspected  and  branded,  to  give  his  certificate 

thereof;  which  certificate  may  be  as  available,  for  all  the 

purposes  required  by  this  act,  as   if  given  by  the  officer 

who  actually  inspected  the  same. 

The  certifi-  SECT.  22.  A  certificate  or  certificates,  as  is  required  by 

catet°vlcc°™    *his  act>  sna^  accompany  all  and  each  of  the  articles  here- 
in  before  mentioned,  which  shall  be  exported,  or  trans- 
ported from  this  state,  to  any  other  of  the  United  States  ; 
and  in  case  the  owner  or  owners,  of  any  of  the   articles 
No  articles  to    af°resaid.  shall  transport  the  same,  from  this  state  into 
be  transported  any  other  of  the  United  States,  which  shall  not  have  been 
without  the       marked  and  branded,  and  for  which  a  certificate  or  certi- 
lte;       ficates.  shall  not  have  been  given  as  is  herein  provided, 
such  owner  or  owners,  shall,  for  each  cask,  so  transport 


Title  53.     Inspection  of  Provisions.  293 

ed,  forfeit  and  pay  two  dollars,  one  half  to  the  person  penalty, 
who  shall  sue  for  and  recover  the  same,  and  the  other 
half  to  the  town,  to  which  such  owner  or  owners  shall  be- 
long.    And  in  case  any  cask  or  casks,  containing  any  of  Owners  of 
the  articles  aforesaid,  shall  be  laden  on  board  any  vessel,  ^J^td  ?"!- 
for  which  a  clearance  shall  be  required  by  law,  to  be  ex-  sej  for  eXpor- 
ported,  or  transported,  coastwise,  it  shall  be  the  duty  of  tation  ortrans- 
the  owner,  or  master  of  such  vessel,  to  produce  to  the  P°rtation, 
collector,  or  other  officer,  authorized  by  law  to  give  such  p°odu™8?o  the 
clearance,  a  certificate  or  certificates,  as  aforesaid,  speci-  collector  a cer- 
fying  the  number  of  casks,  the  dimensions,  or  names  and  tificate,  &c. 
contents  of  the  same,  together  with  a  copy  or  copies 
thereof;  and  shall  lodge  such  copy  or  copies,  with  such 
collector  or  other  officer,  and  retain  such  original  certi- 
ficate or  certificates,  in  his  possession,  and  shall  take  and 
subscribe,  before  such  collector,  or  other  officer,  the  fol- 
lowing oath  :  *'  I,  A.  B.  of  the do  swear,  that  accord-  On  oath. 

ing  to  the  best  of  my  knowledge  and  belief,  the  certifi- 
cate, a  true  copy  whereof  is  hereunto  annexed,  contains 

the  whole  quantity  of ,  on  board  the ,  master; 

and  that  no  beef,  pork,  fish,  flour,  or  corn-meal,  is  ship- 
ped on  board  of  said  vessel,  for  the  ship's  company,  or 
freight,  or  as  cargo,  but  what  is  inspected  and  branded 
according  to  law  :  So  help  me  Gorf." 

SECT.  23.  If  any  person  or  persons,  shall  export  or  trans-  ^-0  persoa  to 
port,  or  ship  for  exportation  or  transportation,  out  of  this  export  or 
state,  any  of  the  articles  aforesaid,  not  put  up  in  the  man-  transport  ar- 
ner  aforesaid,  and  inspected  and  branded,  as  by  this  act  is  * 

provided,  every  such  exporter,  transporter,  or  shipper, 
and  the  master  of  every  vessel,  having  on  board  such  un- 
inspected articles,  shall,  on  conviction,  respectively,  for- 
feit and  pay  the  sums  following  :  the  owner,  transporter,  penalty  on 
or  exporter,  shall  forfeit  and  pay  the  sum  of  six  dollars  ;  owner'  &c- 
and  the  master  of  every  vessel,  having  the  same  on  board,  on  master,  fcc. 
the  sum  of  two  dollars  ;  for  every  cask,  or  other  vessel, 
containing  any  of  the  articles  aforesaid,  exported,  trans- 
ported, or  shipped  for  exportation  or  transportation.    But  Proviso,  as  to 
nothing  in  this  act,  shall  prevent  the  exportation  of  rounds  roundsof  beef- 
of  beef,  in  kegs  or  tubs,  as  is  now  practised,  provided  the 
name  of  the  owner  or  exporter,  and  of  the  town  where 
he  resides,  shall  be  branded  on  one  head  of  each  keg,  or 
tub,  under  the  penalty  of  one  dollar  for  each  keg  or  tub 
not  so  branded.     And  any  beef,  or  pork,  brought  from  the  Articles  in- 
states of  New- York,  or  Massachusetts,  and  any  fish,  corn-  ^^n  oSier 
meal,  flour  or  shingles,  brought  from  those,  or  any  other  states,  alsoex- 
of  the  United  States,  that  shall  have  been  inspected  and  cepted,  if  »c- 
branded  in  the  state,  from  whence  they  came,  conforma-  a^ 
bly  to  the  laws  thereof,  may  be  exported  from  this  state  &c. 
without  reinspection  ;  provided  such  articles  shall  be  ac- 


'294  Title  53.     Inspection  of  Provisions. 

companied  by  a  certificate,  from  the  inspector,  by  whom 
the  same  was  so  inspected  and  branded,  specifying  the 
marks,  numbers  and  quality  of  the  same. 

No  inspector         SECT.  24.  No  deputy,  or  assistant  inspector  shall  brand, 
to  brand  shad    in  the  manner  directed  by  this  act,  any  barrel,  cask,  or 
imported ;        other  vessel,  containing  shad,  imported  into  this  state, 
from  any  other  state  or  place  ;  and  each  deputy,  or  as- 
sistant inspector,  offending  against  this  section,  shall  for- 
feit, to  the  treasury  of  this  state,  five  dollars,  for  each 
pendty.  barrel,  or  other  vessel  as  aforesaid,  by  him  so  unlawfully 

branded. 

Penelties,  how       SECT.  25.  All  penalties  and  forfeitures,  arising  by  vir- 
recorered  and  tue  of  this  act.  may  be  recovered  by  action  of  debt,  or  OH 
appropriated.    thig  statutej  before  any  court,  proper  to  hear  and  deter- 
mine the  same  ;  and,  (when  not  herein  otherwise  appro- 
priated,) one   half  thereof  shall  accrue  to  the  informer, 
who  shall  sue  for  the  same  to  effect,  and  the  other  half  to 
the  town  to  which  the  offender  shall  belong ;  and  it  is 
hereby  made  the  duty  of  all  informing  officers,  to  prose- 
cute every  breach  of  this  act. 

Feesofinspec-  SECT.  26.  Each  assistant-inspector,  for  performing  the 
services  required  by  this  act,  shall  bejentitled  to  receive 
from  the  owner  of  the  articles  inspected,  &c.  the  follow- 
ing fees,  to  wit :  For  cutting,  weighing,  packing,  salting, 
pickling,  heading,  and  branding  each  barrel  of  beef,  or 
pork,  twenty  cents,  and  for  each  half  barrel,  twelve  and 
half  cents  ;  and  for  performing  the  same,  exclusive  of 
cutting,  he  may  receive,  for  each  barrel,  twelve  and  half 
cents,  and  for  each  half  barrel,  seven  cents.  For  pack- 
ing, heading,  flagging,  pickling  and  branding  each  barrel 
offish,  seventeen  cents,  and  for  each  half  barrel,  twelve 
and  half  cents.  For  inspecting  and  branding  each  barrel 
of  flour,  three  cents.  For  inspecting  and  branding  each 
hogshead  of  corn-meal,  six  cents,  and  for  each  barrel  of 
corn-meal,  three  cents.  For  inspecting  and  branding 
every  thousand  of  shingles,  seven  cents.  For  each  cer- 
tificate? ten  cents.  And  each  deputy-inspector  shall  be 
entitled  to  receive  from  each  of  the  assistants,  by  him  ap- 
pointed, twenty  per  cent  of  all  the  fees  received  by  such 
assistant,  twenty-five  per  cent  whereof,  shall  be  paid,  by 
the  deputy-inspector,  to  the  inspector-general. 

Ciril  authori-  SECT.  27.  Be  it  further  enacted,  That  the  civil  author- 
ty,&c.  to  ap-  Jty  and  select-men  of  each  and  every  town,  where  but- 
pomt  inspec-  jer  or  jar(j  or  tobacco,  or  pot  or  pearl  ashes,  or  staves, 

tura.  o£c.  oi  , .  ,  ,  x  .  ,          -, 

certain  arti-  or  heading,  or  boards,  or  onions,  are  produced,  prepar- 
cle«.  ed,  or  put  up  for  exportation,  are  authorized  and  direct- 

ed to  appoint  some  suitable  person  or  persons,  to  be  in- 
spectors, surveyors,  and  packers,  for  the  purpose  of  in- 
specting, surveying,  packing,  branding,  or  giving  a  cerfei- 


Title  53.     Inspection  of  Provisions.  295 

ficate  of  said  articles,  who  shall  be  sworn  to  a  faithful  In«pectors,&c. 
discharge  of  their  duty,  in  the  same  manner,  mutatis  mu-    ° 
tandis,  as  is  by  law  prescribed  for  surveyors  of  highways, 
leather-sealers,  &c. ;  and  every  such  inspector,  surveyor, 
or  packer,  shall  brand  on  one  head  of  every  barrel,  cask  To  inspect  and 
or  keg,  by  him  inspected  and  packed,  the  initial  letter  of  brand  butter 
his  Christian  name,  and  his  surname  at  full  length,  and  the  bacco^pot" 
name  of  the  town,  where  the  same    shall  be  inspected  ;  ^j  pearl  ash- 
and  also  the  kind,  quality,  and  weight  of  all  butter,  lard,  ea. 
tobacco,  pot  and  pearl  ashes  ;  and  also  mark  the  tare 
thereon. 

SECT.  28.  All  casks  for  containing  butter  or  lard  for  Casks  for  but- 
exportation,  shall  be  well  made,  of  good  white-oak  tim-  ter  and  lard, 
ber,  and  be  full  trimmed  ;  and  shall  not  contain  more  than  capacit^ ' 
forty-five  pounds  weight. 

stxT.  29.  Each  inspector,  surveyor,  or  packer,  shall  Tobacco,  how 
carefully  survey  and  search  the  tobacco'  by  him  to  be  put  up,  and  in- 
packed,  and  shall  cull  out,  and  separate  all  such  hands  of  8Pected- 
tobacco,  as  shall  be  in  any  way  damaged,  and  shall  not 
pack,  or  press   any  tobacco,  but  such  as  shall  be  sound, 
well  ripened,  sufficiently  cured,  and  every  way  good  and 
merchantable. 

SECT.  30.  All  casks  for  pot  or  pearl  ashes,  shall  be  of  Casks  for  pot 
the  following  dimensions,  to  wit :  twenty-nine  inches  in  and  pearl  ash- 
length,  ami  nineteen  inches  in  diameter,  at  each  head  ;  es'dht?w-  ™*de> 
to  be  made  of  white-oak  staves  and  heading,  sound  and  n^ensions.  * 
tight,  and  trimmed  with  at  least  eighteen  hoops  :  and  the 
tare  of  each  cask  shall  be  at  least  fourteen  per  cent,  on 
the  weight  of  such  cask,  and  the  contents  thereof. 

SECT.  31.  Staves  and  heading  for  exportation,  shall  be  gtave8    ^ 
of  the  following  dimensions,   to  wit:  all  white-oak  pipe  heading,  what 
staves,  four  feet  eight  inches  long,  and  Ihree  inches  and  merchantable, 
an  half  in  width  ;  white-oak  hogshead  staves,  three  and  an 
half  feet  long,  and  three  and   an  half  inches  in  width  ; 
white-oak  barrel  staves,  two  feet  and  an  half  long,  and 
three  and  an  half  inches  wide  ;  white-oak  hogshead  head- 
ing, two  and  an  half  feet  long,  and  at  least  live  inches  in 
width  ;  and  ail  free  from  sap  ;  all  black  or  red-oak  hogs- 
head staves,  shall  be   three  and  an  halt   feet  long,  and 
three  and  an  half  inches  wide  ;  all  long  sugar  hogshead 
staves,  shall  be  four  feet  and  seven  inches  long,  and  three 
and  an  half  inches  wide  ;  and  all  staves  and  heading,  shall 
not  be  less  than  five  eighths  of  an  inch  thick,  at  the  thin- 
nest edge. 

SECT.  32.  No  pine  boards  shall  be  deemed  merchanta-  what  pine 
ble,  unless  the  same  are  one  inch  thick,  and  square  boards  mer- 
ged, chantable. 

SECT.  33.  No  onions  shall  be  offered  for  sale,  that  are  on»ns    how 
not  good  and  merchantable,  well  cured  and  dry  ;  nor  shall  prepared  for 


"296 


Title  53.     Inspection  of  Provisions. 


market,  and 
inspected. 


Inspector,  &c. 
to  give  a  cer- 
tificate : 


penalty. 


Inspector  &c. 
falsely  brand- 
ing subject  to 


a  penalty. 


No  person  to 
export,  or 
transport,  ar- 
ticles, without 
inspection ; 


or  receive 
them  on  board 
for  exporta- 
tion, &c. 

penalty. 


No  person  to 
alter  or  deface 
any  brand  ; 

or  shift  or 
change  the 
articles  in- 
spected •, 
or  falsely 
brand  them ; 
or  certify  ; 

on  penalty. 


any  bunches  of  them  be  sold,  or  offered  for  sale,  or  put 
into  any  land  or  water  carriage  to  be  transported  to 
market,  that  are  not  fully  cured,  well  and  firmly  bunched, 
and  of  the  weight  of  three  pounds  and  an  half,  and  in- 
spected. 

SECT.  34.  Everysuchinspector,surveyor,orpacker,shall 
give  to  any  person,  who  shall  procure  him  to  inspect  or 
pack  any  of  the  articles  enumerated  in  the  twenty- 
seventh  section  of  this  act,  a  certificate  that  the  same  have 
been  inspected,  packed  or  branded,  conformably  to  this 
act ;  and  if  such  surveyor,  inspector  or  packer,  shall 
refuse  to  give  such  certificate,  or  shall  give  a  false  certifi- 
cate, he  shall  forfeit  and  pay  to  such  person  five  dollars. 
SECT.  35.  If  any  such  inspector,  surveyor  or  packer, 
shall  brand  any  of  the  said  enumerated  articles,  which 
have  not  been  inspected  by  him,  or  shall  falsely  or  de- 
ceitfully brand  the  same,  in  the  manner  herein  provided, 
every  such  inspector,  surveyor,  or  packer,  so  branding, 
or  falsely  or  deceitfully  branding,  shall,  for  every  barrel, 
cask  or  keg,  and  for  each  thousand  of  staves  or  heading, 
or  boards,  so  branded,  or  falsely  branded,  by  him,  forfeit 
and  pay  seven  dollars,  one  half  to  him  who  shall  sue 
for  the  same  to  effect,  and  the  other  half  to  the  town 
where  the  offence  shall  be  committed. 

SECT.  36.  No  person  shall  export,  or  transport  from 
this  state,  any  of  the  articles  enumerated  in  the  twenty- 
seventh  section  of  this  act,  whfich  shall  be  the  produce 
thereof,  or  therein  prepared,  and  put  up  for  market,  before 
the  same  shall  be  inspected,  in  manner  aforesaid  ;  and  if 
any  person  shall  export  or  transport  any  of  said  articles, 
or,  knowingly,  be  aiding  or  assisting  therein,  or  receive 
them,  or  any  of  them,  on  board  of  any  vessel,  for  expor- 
tation, or  transportation,  before  the  same  shall  have  been 
inspected,  and  a  certificate  obtained,  he  shall  forfeit  and 
pay  one  half  the  value  of  all  and  each  of  said  articles, 
exported  or  transported,  or  shipped  for  exportation  or 
transportation,  as  aforesaid,  one  half  to  him  who  shall  sue 
for  the  same  to  effect,  and  the  other  half  to  the  treasury 
of  the  state. 

SECT.  37.  If  any  person,  not  an  inspector,  surveyor 
or  packer,  after  the  inspection,  packing  and  branding,  or 
certificating,  any  of  the  said  articles,  shall  alter  or  deface 
any  brand,  or  certificate  ;  or  shall  shift  or  change  any,  or 
any  part,  of  the  articles,  so  branded  or  certificated,  and 
substitute  others  not  inspected ;  or  shall  falsely  brand, 
any  of  said  articles,  with  the  name  of  any  inspector,  sur- 
veyor or  packer ;  or  certify,  that  the  same  have  been  in- 
spected, agreeably  to  this  act,  or  procure  the  same  to  be 
branded,  or  certified,  as  aforesaid  ;  he  shall  forfeit  and  pay 


Title  54.     Intemperance.  297 

the  sum  often  dollars,  for  each  barrel,  cask,  or  keg,  so 
falsely  branded,  or  altered,  or  defaced,  or  of  which  the 
contents,  or  any  part  thereof,  have  been  shifted  or  chan- 
ged ;  and  for  every  thousand  of  staves,  or  heading,  or 
boards,  or  bunches  of  onions,  thus  falsely  branded,  or 
certificated  as  aforesaid  ;  one  half  to  him  who  shah  sue  for 
the  same  to  effect,  and  the  other  half  to  the  treasury  of 
the  state. 

SEt  T.  38.  It  shall  be  the  duty  of  every  master  of  a  ves-  Master  of 
*el,  destined  to  a  foreign  port,  to  specify  in  the  manifest  VS88"- 
of  his  cargo,  to  be  produced  to  the  collector,  at  the  time  h 
of  clearing,  the  respective  brauds  or  certiticates,  affixed  on  oath, 
or  appertaining  to  each  of  said  articles,  he  may  have  on 
board  ;  to  the  truth  of  which,  he  shall  solemnly  swear  or 
affirm,  to  the  best  of  his  knowledge  and  belief. 

SECT.  39.  All  inspectors,  surveyors  and  packers,  shall  Fees  of  inspec- 
be  entitled  to  receive,  for  their  services,  from  the  owner  tors, 
or  owners  of  the  articles,  about  which  their  services  shall 
be  performed,  the  following  fees,  or  reward,  to  wit :  For 
inspecting,  branding  and  heading  each  barrel,  or  cask  of 
pot  or  pearl  ashes,  seventeen  cents  ;  for  inspecting  and 
branding  each  keg  of  butter,  or  lard,  three  cents  ;  every 
packer,  for  searching,  packing  and  pressing  every  hun- 
dred weight  of  tobacco,  nine  cents,  and  five  cents  per 
mile,  for  travel  to  perform  the  same ;  every  inspector, 
for  inspecting  and  branding  each  cask,  keg,  or  barrel  of 
tobacco,  twelve  and  half  cents;  for  inspecting  every  thou- 
sand of  staves,  or  heading,  twenty-five  cents ;  and  for 
each  thousand  of  boards,  thirteen  cents  ;  for  every  thou- 
sand bunches  of  onions,  six  cents  ;  for  each  certificate, 
six  cents. 

TITLE  54.     Intemperance. 
An  Act  to  prevent  Intemperance. 

j     ¥3E  it  enacted  by  the  Senate  and  House  of  Rep- 
MJ  restntative.s,  in  General  Assembly  convened, 

That  when,  and  so  often  as  the  civil  authority,  or  any  Ci  j]     th    -t 
two  of  them,  and  the  majority  of  the  select-men  in  any  andsdrct-men 
town,  shall  understand,  that  any  person  within  such  town,  may  admonish 
by  reason  of  an  intemperate  use  ofspiritous  liquors,  is  in  "'^''"p^rate 
danger  of  being  reduced  to  want,  misspends  his  time,  or  ** 
does  not  provide  for  his  family,  the  said  authority  and  se- 
lect-men, shall,  (by  summons  or  warrant,  issued  and  sign- 
ed by  a  justice  of  the  peace,)  cause  such  person  to  come 
before  them,  arid  him  admonish  to  refrain  from  such  in- 
temperance ;  and  if  such  person  shall  not  be  thereby  re- 
38 


298  Title  55.     Jurymm. 

formed,  the  said  authority  and  select-men  shall,  at  their 

May  post  such  discretion,  cause  the  name  of  such  person  to  be  posted  on 

persons  as  do  fae  several  sign-posts  in  such  town,  by  a  certificate  under 

form'        their  hands,  thereby  forbidding  all  persons  to  sell  any 

spiritous  liquors  to  such  intemperate  person  ;  and  if,  af- 

ter such  notification,  any  person  or  persons  within  such 

town,  (or  an)  person  or  persons  within  any  other  town  in 

this  state,  who   shall   have  received   information  of  the 

same)  shall  sell  to,  or  procure  for,  any  person  posted  as 

aforesaid,  any  spiritous  liquors,  -or  be  aiding  or  assisting 

therein,   the  person  or  persons  selling  or  procuring  as 

aforesaid,  or  aiding  or  assisting  as  aforesaid,  shall,  for  ev- 

Penalty  of  ten  ery  such  offence.  forfeit  and  pay  the  sum  often  dollars,  to 

dollars  on  per-  t^e  treasury  of  the  town  to  which  such  posted  person  shall 

sons  who  pro-   ,     ,  f        ,,  *,,. 

belong,  unless  the  person  or  persons  selling  or  procuring, 


unless,  &c.  or  aiding  or  assisting  as  aforesaid,  shall  have  permission 
therefor,  in  writing,  subscribed  by  one  of  said  authority 
J"^eto°f  or  select-men,  therein  specifying  the  quantity  permitted 
and  .letermine^  to  ^e  so'^  '•>  anc^  anJ  one  justice  of  the  peace  may  hear 
without  ap-  '  and  determine  all  breaches  of  this  act;  and  no  appeal 
Peal-  si.  all  be  allowed  in  any  such  case. 

Action  not  SECT.  2.  No  suit  shall  be  had   or  maintained  against 

maintainable     any  person  posted  as  aforesaid,  for  any  spiritous  liquors, 

t^posted  per-  so'^  contrary  to  this  act  ;  and  all  contracts  and  securities 

sons.  therefor,  entered  into  by  such  posted  person,  with  any 

person  or  persons  within  this  state,  notified  as  aforesaid, 

shall  be  utterly  void. 

TITLE  55.     Jurymen. 

An  Act  prescribing  the  number  of  Jurymen  for 
each  town  in  this  State. 

•  BE  it  enacted  by  the  Senate  and  House  of  Rep  - 
M.9  rtsentatives.  in  General  Assembly  convened, 

Number  of  ju-  That  the  several  towns  in  this  state,  shall  be  entitled  to 

ryiueu  desig-  se!ect,  in  the  manner  prescribed  in  the  "Act  for  the 
r  -gulation  of  civil  actions,"  and  for  the  purposes  there- 
in mentioned,  the  number  of  jurymen  to  each  town 
|iere  annexed,  to  wit  :  Hartford,  fifteen  ;  Berlin,  twelve  ; 
Bristol,  six  ;  Burlington,  six  ;  Canton,  six  ;  East-Hartford, 
fourteen;  East-  Windsor,  fourteen;  Enfield,  eleven;  Farm- 
ington,  fourteen  ;  Glastenbury.  fourteen  ;  Granby,  twelve; 
Hartland,  eight  ;  Marlborough,  five  ;  Simsbury,  ten  ; 
Southington,  ten  ;  Suflield,  twelve  :,  Wethersfield,  twenty  : 
Windsor,  fourteen. 

New-Haven          SECT.  2.    New-Haven,    twenty  ;    Branford,    twenty  ; 

county.  Cheshire,  twenty  ;  Derby,  twelve  ;  East-Haven,  eight  ; 

Guilford,  twenty  ;  Hamden,  eight  ;  Meriden,  eight  ;  Mid- 


Title  56.     Lawrfy.  299 

dlebury,  eight  ;  Milford,  twenty  ;  North-Haven,  eight  ; 
Oxford,  eight ;  Southbury,  twelve ;  Wallingford,  twen- 
ty ;  Waterbury,  twelve  ;  Wolcott,  eight  ;  Woodbridge, 
twelve. 

SECT.  3.  New-London,  fifteen  ;  Norwich,  fifteen  ;  Boz-  New-London^ 
rah,  six  ;  Colchester,  fifteen  ;  Franklin,  eight ;  Griswold,  county. 
eight ;  Groton,  sixteen  ;    Lisbon,  eight ;  Lyme,  twenty  ; 
Montville,  eight;  North-Stonington,  ten  ;    Preston,  ten; 
Stonington,  twelve  ;  Salem,  five  ;   Waterford,  six. 

SECT.  4.  Fairfieid,  thirteen  ;  Danbury,  twelve  ;  Bridge-  Fairfield 
port,  nine  ;  Brookfield,  six  ;  Darien,  five;  Greenwich,  county' 
ten  ;  Huntington,  nine  ;  New-Canaan,  eight ;  New-Fair- 
field,  eight ;  Newtown,  twelve  ;  Norwalk,  twelve  ;  Red- 
ding, ten  ;  Ridgefield,  ten  ;  Sherman,  five  ;  Stamford, 
ten  ;  Stratford,  nine ;  Trumbull,  fire  ;  Weston,  eight ; 
Wilton,  six. 

SECT.  5.  Brooklyn,  eight ;  Ashford,  'twelve  ;  Canter-  Windham 
bury,  twelve;  Columbia,  five  ;  Hampton,  eight ;  Killing-  county. 
ly,   eight ;  Lebanon,   twelve  ;  Mansfield,  twelve  ;  Plain- 
field,  twelve  ;  Pomfret.  ten  ;  Sterling,  seven  ;   Thompson, 
seven ;  Voluntown,  seven ;    Windham,  twelve  ;   Wood- 
stock, eight. 

SECT.  6.  Litchfield,  fourteen  ;  Barkhampsted,  seven  ;  Litchfield 
Bethlehem,  seven ;  Canaan,  ten ;  Colebrook,  seven ;  Corn-  county- 
wall,  ten  ;  Goshen,  ten  ;  Harwintori,  eight ;  Kent,  six  ; 
New-Hartford,   eight  ;    New-Mi Iford,  twelve  ;  Norfolk, 
eight ;  Plymouth,  seven  ;    Roxbury,  seven  ;    Salisbury, 
ten ;  Sharon,  ten  ;  Torrington,  eight  ;  Warren,  seven  ; 
Washington,  eight  ;    Watertown,    seven  ;    Winchester, 
seven ;  Woodbury,  ten. 

SECT.  7.  Middletown,  twenty-eight ;  Haddam,  seven-  Middlesex 
teen  ;  Chatham,  seventeen  ;  Durham,  twelve  ;  East-Had-  county. 
dam, twenty;  Killingworth,  seventeen  ;  Say  brook,  twenty. 

SECT.  8.  Tolland,  fourteen  ;  Bolton,  eight;  Coventry,  Tolland 
twelve  ;    Ellington,  ten  ;    Hebron,    twelve  ;     Somers, 
twelve  ;  Stafford,  twelve  ;  Union,  eight ;  Vernon,  eight ; 
Willington,  twelve. 

TITLE  56.     Lands. 
CHAP.  I. 

An  Act  concerning  Lands. 

Whereas,  by  the  establishment  of  the  independence  of 
the  United  States,  the  citizens  of  this  state  became 
vested  with  an  allodial  title  to  their  lands  : 

SECT.  1.   "RE*"'  theref°re  declared,  by  the  Senate  and  Allodial  prop. 
JLJ   House  of  Representatives,  in  General  As-  •  erty  in  lands. 


300 


Title  56.     Lands. 


sembly  convened.  That  every  proprietor,  in  fee-simple,  of 
lands,  lias  an  absolute  and  direct  dominion  and  property 
in  the  same.(l) 


(1)  On  the  discovery  of  America,  a  prin- 
ciple was  adopted  among  the  nations  of 
Europe,  that  the  territory  belonged  to  the 
sovereign  of  the  nation  to  whom  the  dis- 
coverer belonged.  As  North- America  was 
discovered  by  a  subject  of  the  king  of  Eng- 
land, that  crown  claimed  a  right  to  the 
country.  James  II.  made  a  grant  to  the 
Plymouth  Company,  of  that  part  which 
comprehended  New-England.  Connecticut 
was  settlpd  under  a  right  derived  from  that 
company,  and  the  title  was  comnrmed,  by 
the  charter  of  Charles  II.  in  1662.  The 
government  made  grants  to  towns,  and  in- 
dividuals ;  and  charters  were  given  to  the 
respective  towns,  under  which  the  lands 
have  been  holden.  Our  ancestors,  however, 
never  claimed  an  absolute  right,  in  virtue 
of  the  royal  grant,  but  merely  a  right  of 
pre-emption,  and  never  considered  the  title 
to  be  complete,  till  they  had  acquired  the 
native  right  of  the  aborigines.  This  they 
effected  by  purchase,  to  nearly  the  whole 
of  Connecticut ;  and  they  never  claimed  a 
right  by  conquest,  except  to  a  small  por- 
tion taken  from  the  Pequot  nation.  The 
tenure,  by  the  charter,  was  declared  to  be 
free  and  common  socage  ;  and  the  only 
condition  was,  the  payment  of  one  fifth 
part  of  the  ore  of  gold  and  silver,  that 
should  be  obtained.  Fn  1672,  an  act  was  pas- 
sed, declaring  that  the  lands,  granted  by  the 
general  assembly,  to  towns  or  particular 
persons,  should  be  holden  according  to  the 
most  free  tenure  of  East-Greenwich,  in  the 
county  of  Kent,  in  the  realm  of  England, 
according  to  the  charter.  This  tenure  con- 
tinued during  our  connexion  with  the 
British  empire  ;  but  on  our  becoming  inde- 
pendent of  that  government,  the  tenure 
ceased  to  be  feudal,  and  the  title  became 
strictly  allodial,  as  it  in  effect  ever  had 
been  ;  and  it  was  accordingly  so  declared, 
by  statute,  in  1793. 

In  connexion  with  this  subject,  it  may 
be  proper  to  subjoin  the  following  remarks, 
prepared  for  the  title  Estates,  and  omitted 
in  that  place,  by  accident. 

The  first  settlers  of  this  country  did  not 
adopt  the  rules  of  the  common  law  with  re- 
spect to  the  descent  of  real  estate,  the  most 
distinguished  characteristic  of  which  was 
primogeniture.  In  the  revision  of  167-2, 
there  is  a  statute,  ordering,  that  where  any 
person  dieth  intestate,  the  select-men  shall 
cause  an  inventory  to  be  taken,  and  exhib- 
ited into  the  next  county  court  in  that 
county  ;  winch  court  shall  grant  the  ad- 


ministration of  the  goods  and  chattels  to 
the  next  of  kin,  jointly  or  severally  ;  and 
divide  the  estate  to  the  wife,  if  any  be,  and 
children  or  kindred,  according  to  law ;  and 
for  want  of  law,  according  to  the  rules  of 
righteousness  and  equity. 

In  the  revision  of  1702,  there  was  a 
statute,  which  enacted,  that  where  a  person 
died  intestate,  one  third  of  bis  personal 
estate  should  go  to  his  wife  forever,  and  one 
third  of  his  lands  for  life  ;  and  the  residue 
be  divided  among  his  children,  and  their 
legal  representatives,  in  equal  shares,  ex- 
cepting that  the  eldest  SOD  should  be  enti- 
tled to  a  double  portion  ;  and  where  there 
were  no  children,  one  half  of  the  personal 
estate  should  go  to  the  wife  forever,  and  one 
third  of  the  lands  for  life  ;  and  the  residue 
to  be  equally  divided  among  the  next  of  kin, 
in  equal  degree,  and  their  legal  representa- 
tives ;  but  no  representatives  to  be  admit- 
ted among  collaterals  after  brothers'  and 
sisters'  children.  This  provision  was  copi- 
ed from  the  22  and  23  Charles  II.  called 
the  statute  of  distributions,  excepting  that 
part  which  gave  to  the  eldest  son  a  double 
portion,  which  was  copied  from  the  law  of 
Moses. 

In  1727,  a  distinction  was  made  be- 
tween ancestral  and  purchased  estate  ; 
and  a  provision  was  made,  that  the  whole 
blood  should  be  preferred  to  the  half  blood, 
in  equal  degree  ;  but  that  the  half  blood  in 
a  nearer  degree,  should  be  preferred.  This 
act  was  omitted  in  the  revision  of  1750, 
and  no  distinction  was  then  made  between 
ancestral  and  purchased  estate,  and  noth- 
ing was  said  respecting  whole  or  half  blood. 
But  in  the  revision  of  1784,  a  distinction  i? 
made  between  estates  by  purchase,  and 
estates  derived  by  descent,  gift,  or  devise 
from  some  kindred  ;  the  object  of  which 
was,  to  give  ancestral  estate  to  the  ne$t  of 
kin,  of  the  blood  of  the  ancestor  from  whom 
the  estate  came  ;  and  estates  by  purchase, 
were  to  go  to  the  next  of  kin  of  the  intes- 
tate, preferring  the  half  blood  to  relations  of 
a  remoter  degree,-and  parents,  on  failure  of 
brothers  and  sisters,  or  their'  representa- 
tives, of  ihe  whole  blood,  to  remoter  rela- 
tions. In  1792,  the  law  giving  the  eldest 
son  a  double  portion  was  repealed  ;  and  in 
1806,  an  act  was  passed,  directing  more 
particularly,  and  in  a  manner  somewhat 
different,  the  mode  of  descent  of  ancestral 
estate  :  and  the  rules  of  descent  became  ae 
they  now  are,  except  that  the  clause  de- 
claring there  should  be  no  representative? 


Title  56.     Lands.  301 

SECT.  2.  Be  it  enacted,  That  the  patents  of  grants  of  Patents  of 
land  to  the  several  towns,  and  to  individuals,  from  the  gae"^50a™ein_ 
general  assembly  of  the  colony  of  Connecticut,  pursuant  blyof  the  col- 
to  the  charter  of  Charles  II.  shall  be  sufficient  evidence  onyofCon- 


for  such  towns  and  individuals  to  hold  the  same,  to  them,  " 
their  heirs,  successors  and  assigns,  forever. 

SECT.  3.  All  lands,  tenements,  or  other  estates,  that  Lan<js  gjven 
have  been,  or  shall  be,  given  or  granted,  by  the  general  for  public  use«. 
assembly,  or  any  town,  or  particular  person,  for  the  main-  to  remain  to 
tenance  of  the  ministry  of  the  gospel,  or  schools  of  learn-  8U 
ing,  or  for  the  relief  of  the  poor,  or  for  any  other  public 
and  charitable  use,  shall  forever  remain  and  be  continu- 
ed to  the  uses  to  which  they  have  been  or  shall  be  giv- 
en or  granted,  according  to  the  true  intent  and  meaning 
of  the  grantor,  and  to  no  other  use  whatever. 

SECT.  4.  No  estate  in  fee-simple,  fee-tail,  or  any  less  Limitation  of 
estate,  shall  be  given,  by  deed  or  will,,  to  any  person  or  Jjjjf81  to  g^ 
persons,  but  such  as  are  in  being,  or  to  the  immediate  is-  iUeS.peri>e  " 
sue  or  descendants  of  such  as  are  in  being,  at  the  time  of 
making  such  deed  or  will  ;  and  every  estate,  given  in  fee- 
tail,  shall  be  and  remain  an  absolute  estate,  in  fee-simple, 
to  the  issue  of  the  first  donee  in  tail.  (2) 

SECT.  5.  And  all  grants  or  devises  of  an  estate  in  lands,  The  rule  in 
to  any  person  for  life,  and  then  to  his  heirs,  shall  be  only 
an  estate  for  life  in  the  grantee  or  devisee.(3)     All  col- 
lateral  warranties  of  lands,  made  by  any  ancestor,  who  warranties 
had  no  estate  of  inheritance  in  the  same,  at  the  time  of  ofland>in 
making  such    warranty,  shall   be  void,    as  against    his  ^J  ca 
heirs.  (4)     No  alien,  or  person  who  is  not  a  citizen  or  in-  Incapacity  of 
habitant  of  this,  or  any  of  the  United  States,  shall  be  ca-  aliens  to  held 
pable  of  purchasing  or  holding  any  lands  within  the  state,        8' 
without  special  licence  from  the  general  assembly. 

SECT.  6.  All  grants,  bargains,  and  mortgages  of  lands, 
shall  be  in  writing,  subscribed   by  the  grantor,  with  his 

among  collaterals  after  brothers'  and  sis-  (3)  By  the  celebrated  rule  in  Shelley's 

ters  childn-n,  is  changed  to  a  provision,  case,  a  grant  or  devise  of  lands  to  a  man  for 

thut  there  shall  be  no  representatives  after  life,  and  then  to  his  heirs,  or  the  heirs  of  hit 

the  representatives  of  brothers  and  sisters;  body,  created  an  estate  in  fee-simple,  or 

by  which  the  grand-children   of  brothers  fee-tail.     As  this  rule,  in  almost  every  in- 

and  sisters  are  placed  on  the  same  footing  stance,  defeats  the  intent  of  the  grantor  or 

as  children,  and  will  inherit,  in  preference  devisor,  this  provision  has  been  made  to  ab- 

to  (he  uncles  of  the  intestate.    Our  law  has  rogate  it. 

made  three  material  alterations  in  the  com-  (4)  By  the  common   law,   a  collateral 

mori  law  of  descent.     It  has  abolished  the  warranty  of  lands,  without    assets,    was 

right  of  primogeniture  ;  it  permits    pur-  binding  on  the  heir  :  as,  if  tenant  by  the 

chased  estates  to  ascend  to  parents  ;  and  curtesy  should  alien  the  land,  with  war- 

gives  to  the  half  blood  a  preference  to  re-  ranty,  and  die  leaving  no  estate,  the  chil- 

lations  in  a  remoter  degree.  dren  of  the  wife,  to  whom  the  land  belong- 

(2)  This  was  introduced  at  the  revision  ed,  would  be  defeated  of  the  estate  of  their 

of  1784,  and  is  conformable  to  principles  mother.     A  rule  so  unjust  has  been  abro- 

which  had  been  previously  established  by  gated  by  statute,  in  England;  and  is  now 

the  courts.  abrogated,  in  this  state. 


302  Title  56.     Lands. 

Requisites  to  own  hand  or  mark,  unto  which  mark  his  name  shall  be 
validity  of  a  annexed,  and  also  attested  by  two  witnesses,  with  their  own 
hands  or  marks,  unto  which  marks  their  names  shall  be 
annexed  :  or  the  name  of  the  grantor  shall  be  subscribed 
to  such  grant,  by  his  lawful  attorney,  authorized  by  a  written 
power,  for  that  special  purpose,  duly  executed  and  ac- 
knowledged, in  such  manner  as  is  herein  prescribed  in 
case  of  deeds  ;  and  such  subscribing  of  the  name  of  the 
grantor,  shall  be  attested  by  two  witnesses. 

Deeds  to  be  SECT.  7.  All  grants,  and  deeds  of  bargain  and  sale,  and 
edfbeforedg~  mortgages,  of  houses  and  lands,  shall  be  acknowledged, 
whom.  by  the  grantor  or  grantors,  to  be  his  or  their  free  act  and 

deed,  before  a  justice  of  the  peace,  or  before  a  judge 
.  of  the  supreme  or  district  court  of  the  United  States,  or  of 
the  supreme  or  superior  court,  or  of  the  court  of  common 
pleas,  or  county  court,  of  any  individual  state  ;  or  before 
a  commissioner,  or  other  officer,  having  power  to  take  ac- 
knowledgments of  deeds  :  and  all  grants  or  deeds  of  real 
Arknowled       e§tate,  which  have  been,  or  shall  be.  acknowledged  before 
mentor  deeds  sucn  judges,  shall  be  good  and  valid  in  law;  and   when 
executed  by      deeds  are  executed  by  an  attorney,  duly  authorized,  his 
attorney.          acknowledgment  shall  be  sufficient. 
Caution,  when       SECT.  8.  And  if  any  grantor,   being  required  by  the 
and  how  to  be  granfee,  his  heirs  or  assigns,  to  make  acknowledgment  of 
any  grant,  or  deed  of  bargain  and  sale,  or  mortgage,  by 
him  executed,  shall  refuse  to  acknowledge  the  same,  then 
such  grantee,  his  heirs  and  assigns,  may  enter  caution 
upon  such  houses  or  lands  as  are  to  him  granted,  sold, 
bargained  or  mortgaged,  with  the  town-clerk  or  register, 
where  such  houses  and  lands  are  situated,  by  leaving  with 
him  a  copy  of  the  deed  or  deeds  of  the  same,  with  a 
claim  of  title  in  virtue  thereof,  which  caution  shall  se- 
cure th£ interest  of  the  grantee  till  a  legal  trial  has  been 
had  ;  andrthe  judgment  of  the  court  being  delivered  to 
the  register,  under  the  hand  of  the  clerk  of  the  county, 
where  the  same  was  tried,  shall  be  his  warrant  to  record 
such  deed,  though  the  grantor  shall  refuse  to  acknowledge 
the  same,  and  such  deed  shall  have  the  same  effect  as  if 
acknowledged.     And  no  grant  or  deed  of  land  shall  be 
valid,  unless  written,  subscribed,  witnessed  and  acknowl- 
edged as  aforesaid. 

Deeds  to  be  SECT.  9.  All  grants,   and  deeds  of  bargain  and  sale, 

recorded.  ant]  mortgages,  of  houses  and  lands,  shall  be  recorded  at 
length,  bv  the  register  or  town-clerk,  where  such  lands 
and  houses  lie  ;  and  no  deed  shall  be  accounted  good  and 
effectual  to  hold  such  houses  and  lands,  against  any  other 
person  or  persons  but  the  grantor  or  grantors,  and  their 
heirs  only,  unless  recorded  as  aforesaid.  And  the  regis- 
ter or  town-clerk,  shall,  on  the  receipt  of  any  grant  or 


Title  56.     Lands.  303 

deed  of  houses  and  lands,  brought  to  him  to  record,  note  Noting  of  deed 

thereon  the  day,  month  and  year,  when  he  received  the    orrecord- 

same,  and  the  record  shall  bear  the   same  date.     And 

when  the  register  or  town-clerk  of  any  town,  shall  have 

received  a  grant  or  deed  of  lands  to  be  recorded,  he  shall 

not  deliver  up  the  same  to  the  parties,  or  either  of  them, 

till  it  has  been  recorded.     And  where  deeds  are  executed 

by  a  power  of  attorney,  such  power  of  attorney  shall  be  torney. 

recorded  with  the  deed. 

SECT.   10.  No  lease  of  any  houses  or  lands  for  life,  or  Leases  to  bein 
any  term  of  years,  exceeding  one  year,  shall  be  accounted  wntin§: 
good  and  effectual  in  law,  to  hold  such  houses  and  lands, 
against  any  other  person  or  persons  whatsoever,  but  the 
lessor  or  lessors,  and  their  heirs  only,  unless  such  lease 
be  in  writing,  and   subscribed  by  the  lessor,  and  attested  subscribed; 
by  two  subscribing  witnesses,  and  acknowledged  before  a^jnesse]d(j; 
a  justice  of  the  peace,  and  recorded  ait  length  in  the  re-  ed ;  and  re? 
cords  of  the  town  where  such  estate  lies.  corded. 

SECT.  11.  All  grants,  deeds  or  conveyances  of  lands  Deeds  of  land 
from  Indians,  without  the  consent  and  approbation  of  the  fron»  Indians, 
general  assembly,  shall  be  utterly  void;  and  if  any  person  vold> 
shall  purchase  lands  of  the  Indians,  without  licence  from 
the   general    assembly,    or  having  so  purchased,   shalJ,  - 

without  their  confirmation,  make  any  sale  or  settlement  dians,  prohib- 
on  the  same,  he  shall  incur  a  penalty  of  one  hundred  and  ited- 
sixty-seven  dollars  to  the  treasurer  of  the  state. 

SECT.   12.  All  deeds  of  bargain  and  sale,   leases   or  Deeds  of  land 
other  alienations,  in  fee,  for  life,  or  years,  or  any  term  by   persons 
whatever,  of  lands  or  tenements,  of  which  the  grantor,  ousted  of  pos- 
lessor,  vendor,  or  person  executing  such  instrument,  is  8ession'  void- 
ousted,  by  the  entry  and  possession  of  some  other  person, 
unless  made  to  the  person  in  actual  possession,  shall  be 
void  :  and  every  person,  who  shall  attempt,  by  an  in-tru- 

ment  in  writing,  under  his  hand,  to  alien  any  lands  or  fenalty fo* at" 

f      i  •    i    i      •  i         j  i       tempting  to 

tenements,  of  which  he  is  ousted,  and  every  person  who  make  or  re- 
shall  receive  such  conveyance,  not  being  in  the  actual  ceiving,  such 
possession  of  the   lands  or  tenements  attempted  to  be  conveyance- 
conveyed,  shall  forfeit  one  half  of  the  value  thereof;  one 
half  of  which  forfeiture  shall  be  to  the  informer,  who 
shall  sue  for  and  prosecute  the  same  to  effect,  and  the 
other  half  to  the  treasurer  of  the  state. 

SECT.  13.  All  persons  who  hold  any  lands  or  tene-  Partition  of 
ments,  as  joint  tenants,  tenants  in  common,  or  coparcen-  lands. 
ers,  may  be  compelled,  by  writ  of  partition,  to  divide  the 
game,  when  they  cannot  agree  to  make  partition  among 
themselves  :  provided,  that  when  the  judgment  shall  be 
that  the  defendant  or  defendants  apart,  it  shall  be  in  the  Power  of  court 
power  of  the  court  to  give  or  refuse  costs  to  the  plaintiff  as  toc°8ti- 
or  plaintiffs,  and  to  give  costs  to  the  defendant  or  defend- 


304  Title  56.     Lands. 

ants,  as  shall  appear  to  be  just  and  reasonable.  And 
Committee  to  when  tliere  is  a  Judgment  that  the  defendant  or  defend- 
make  parti-  ants  do  apart,  the  court  shall  have  power  to  appoint  a 
tion.  committee  to  make  partition. 

Deeds  of  mar-       SECT.  14.  All  deeds,  or  other  conveyances,  of  the  real  es- 
ried  women,     tate  of  married  women,  executed  by  them  jointly  with  their 
how  executed,  husbands,  under  their  hands  and  seals,  and  by  them  ac- 
knowledged, as  is  required  by  law,  and  duly  recorded, 
shall  be  valid  and  effectual  to  transfer  such  real  estate  : 
and  all  deeds  and  conveyances,  by  the  husband  alone,  of 
the  real  estate  of  the  wife,  without  her  consent,  expres- 
sed by  joining  him  in  the  deed,  shall  be  void,  so  far  as  it 
Proviso  as  to  respects  the  wife  :  Provided,  that  all  deeds  and  convey - 
deeds  prior  to  ances,   by  the  husband  alone,  of  the  real  estate  of  the 
wife,  without  her  consent,  prior  to  the  year  one  thousand 
seven  hundred  and  twenty-three,  shall  be  good  and  valid. 
Power  of  the        SECT.   15.  When  any  testator  directs,  by  his  last  will 
actin^elecu      anc^  testament,  lands  to  be  sold,  by  his  executors,  for  the 
toVo^twcTor"    payment  of  debts,  legacies,  or  other  uses,  and  appoints 
more  execu-     several  executors,  part  of  whom  refuse  executorship,  or 
tors,  to  sell  and  djg  before  such  lands  are  sold  and  conveyed;  in  such  case, 
the  acting  or  surviving  executor  or  executors,  shall  have 
power  to  sell  arid  convey,  iu  as  ample  a  manner  as  if  all 
the  executors  had  joined  in  the  sale  and  conveyance  of 
such  lands,  according  to  the  true  intent  of  the  testator, 
expressed  in  his  will,  allowed  and  approved  by  the  court 
Provito.  of   prODate  :    provided  any  sale  or  conveyance   made 

otherwise  shall  be  void. 

CHAP.  II. 

An  Act  enabling  the  proprietors  of  common  and 
undivided  Lands,  to  manage  and  dispose  of 
the  same. 

1TJ  E  it  enacted  by  the  Senate  and  House  of  Rep- 
JLB  revenlatives,  in  Gent ral  Asstmbly  convened. 

and  divisions  That  all  grants,    divisions  and  dispositions  of  common 
of  common      lands,  made  according  to  ancient  custom  in  town-meet- 
lands,  validat-  jngs,  an(j  a||  divisions  of  common  and  undivided  lands, 
made  by  the  proprietors  of  towns,  shall  be  good  and  ef- 
fectual in  law  ;  and  whatever  part  or  interest  such  pro- 
prietors have  in  any  common  and  undivided  land  in  any 
towns,  not  disposed  of,  shall  be  allowed  and  taken  to  be 
comman°ajul>f  their  proper  estate.    And  such  proprietors  of  common  and 
undivided         undivided  lands  in  any  towns,  and  such  as  legally  repre- 
lands  may  hold  sent  them,    are  allowed  and  authorised  to  have   theii 
™pe^inf  'aand  meetings  in  sucn  respective  towns  :  to  choose  their  clerk. 

clerk. 


Title  56.     Lands.  305 

to  enter  and  record  their  doings,  who  shall  take  the  fol- 
lowing oath,    before  a  justice  of  the  peace,   to  wit : — 
"Whereas  you  N.  C.  are  chosen  clerk  of  this  propriety,  Formof clerk's 
you  swear,  that  you  will  truly  and  faithfully  execute  the  oath- 
office  of  clerk,  according  to  your  best  skill,  and  make 
entry  of  all  such  votes  as  shall  be  made  according  to  law, 
and  deliver  true  copies  of  the  same,  when  they  shall  be 
required,  taking  only  your  lawful  fees  :  So  help  you  Go</." 
And  all  records  of  their  w>tes  and  proceedings,  attested 
hy  him,  shall  be  admitted  as  lawful  evidence. 

SECT.  2.  And  the  proprietors,  in  such  meetings,  shall  Power  of  pro- 
have   power,  after  the  ancient  manner  and  custom  in 
towns,  by  their  major  vote  in  such  meetings,  to  be  com- 
puted according  to  their  interest  in  such  lands,  to  regu- 
late, manage,  use  and  divide  such  common  land,  in  such 
manner  and  proportion  as  they  shall  think  proper  :  Pro-  proviso  as  to 
vided,  that  this  act  shall  not  be  taken  to  intend,  that  powej-  town    corn- 
is  given  to   any  proprietors  to  divide  and  set  out  lands  mons. 
sequestered  for   town  commons.      Provided  also,   that  Proviso,  vali- 
where  the  proprietors  have,  by  any  vote  upon  record,  in  dating  former 
their  towns,  obliged  themselves  to  act  for  the  future  in  any  votf" 
other  method,   in  dividing  the  undivided  lands  in  such 
townships,  such  vote,  being  the  act  of  the  proprietors, 
shall  be  and  remain  valid  and  binding  against  them,  and 
their  heirs  ;  and  the  undivided  lands  referred  to  in  said 
vote,  shall  be  divided  and  held  according  to  such  vote. 

SECT.   3.  The  proprietors  of  common  and  undivided  Power  to  lay 
lands,  in  any  town,  are  fully  empowered,  at  a  legal  meet-  taxes. 
ing,  by  their  major  vote,  to  make  a  rate,  as  occasion  may 
require,  to  defray  the  necessary  expenses,   incurred   by 
said  propriety,  and  to  appoint  collectors,  to  collect  the  To  appoint 
same,  who  are  vested  with  the  same  powers  as  the  col-  collect°rs- 
lectors  of  town  taxes,  and  shall  make  payment  of  the 
money  by  them  collected,  to  the  proprietors  appointing 
them,  or  to  their  order,  on  the  same  penalties,  and  under 
the  same  regulations,  as  collectors  of  town  taxes. 

SECT.  4.  The  said  proprietors  are  empowered,  at  their  To  oxc|iano.e 
lawful  meetings,  to  make  exchange  of  any  of  the  common  lands  for  high- 
land, for  needful  and  convenient  highways  in  said  town,  waP- 
with  any  of  the  proprietors,  inhabitants  or  owners  of  such 
land,  as  shall  be  judged  most  convenient  and  needful,  by 
the  proprietors  aforesaid  :  which  exchanges  shall  be  en- 
tered in  the  proprietors'  book  of  records,  and  shall  be 
held  to  be  good  and  valid,  to  the  use  of  the  person  or 
persons  receiving  the  same,  and  to  his  and  their  heirs  and  Former  ex- 
assigns  forever  :  and  all  exchanges  heretofore  made  for  Changes  vali* 
the  use  aforesaid,  shall  be  held  to  be  good  and  valid.         dated. 

SECT.  5.  When  any  five  or  more  of  the  proprietors  of  Meeting,  hrm 
such  common  and  undivided  land  shall   judge  a  proprio-  <>ail("r 


306  Title  56.     Lands. 

tors'  meeting  to  be  necessary,  they  may  apply  to  a  jus- 
tice of  the  peace,  within  the  county  where  the  lands  lie, 
for  a  warrant  to  call  a  meeting  of  the  proprietors,  expres- 
sing the  time,  place,  occasion,  and  business  of  such  meet- 
ing ;  and  such  justice  of  the  peace  is  empowered  to  grant 
a  warrant  for  such  meeting,  which  shall  be  published,  by 
inserting  it  in  some  public  newspaper,  in  or  nearest  the 
town  in  which  such  lands  are  situated,  four  weeks  succes- 
sively, and  also,  by  posting  it  on  the  public  sign-post  in 
such  town,  at  least  twenty  days  before  the  day  appointed 
for  such  meeting ;  which  shall  be  a  sufficient  warning 
Proviso.  and  notice  for  said  meeting  :  Provided,  that  where  said 

proprietors  have  agreed  upon  a  different  mode  of  warn- 
ing their  meetings,  such  mode,  or  that  prescribed  by 
this  act,  shall  be  sufficient. 

Howencroach-  SECT.  6.  If  any  person  has,  within  fifteen  years,  taken, 
merits  shall  be  or  gnai|  take,  into  his  inclosure,  any  part  of  common  and 
prevented.  ^  undivided  land,  a  committee  appointed  by  the  proprietors 
of  such  land  encroached  upon,  which  committee  the  pro- 
prietors of  common  and  undivided  lands  are  empowered 
to  appoint,  or  any  three  of  such  proprietors,  are  directed 
to  give  notice  to  the  person  or  persons  offending,  to  re- 
move the  same,  within  such  time  as  the  committee  or 
proprietors  shall  appoint,  not  exceeding  one  month  after 
such  notice  •,  and  on  their  neglect,  it  shall  be  lawful  for 
such  committee  or  proprietors  to  remove  the  same,  and 
the  person  or  persons  making  such  encroachment,  shall 
be  liable  to  pay  the  expense  of  throwing  down  and  re- 
moving such  encroachment,  to  be  recovered  by  a  proper 
action,  in  the  name  of  the  committee  or  proprietors,  who 
remove  the  encroachment.  And  if  the  person  or  per- 
sons so  offending,  shall  take  in  the  same,  or  a  greater  or 
less  quantity  of  land,  where  his  fence  has  been  removed 
as  aforesaid,  he  shall  incur  a  penalty  of  seven  dollars,  for 
every  such  offence,  to  be  recovered  in  a  proper  action, 
by  the  committee  or  proprietors  who  gave  the  warning, 
one  half  to  the  proprietors,  and  the  other  half  to  the 
treasury  of  the  county. 

Power  of  pro-       SECT.  7.  The  proprietors  of  common  and  undivided 

prietors  to       lands  in  towns,  in  legal  meeting,  may,  by  a  major  vote, 

tlTttetown       transfer  such  lands  to  the  town  in  which  they  are  situated. 

and  may  appoint  a  committee,  or  any  persons,  to  execute 

proper  conveyances,   which  shall  be  valid  :  and  when 

such  votes  have  been  passed,  and  committees  appointed 

to  execute  conveyances,  such  committees,   or  a  major 

part  of  them,  may  execute  conveyances,  which  shall  be 

valid. 

Proprietors'          SECT.  8.  The  records  of  proceedings,  kept  by  the  pro- 
records  may      prietors  of  common  and  undivided  lands,  may,  by  their 


Title  53.     Lands.  307 

order,  be  deposited  with  the  town-clerk  in  the  town  where  be  deposited 
the  lands  He,  and  where  they  lie  in  several  towns,  with  ^  town' 
the  clerk  of  the  most  ancient  town:  and  when  such 
porprietors  have  ceased  to  hold  meetings,  any  person 
having  the  records  in  his  possession,  may  deposit  them 
with  the  town-clerk  as  aforesaid ;  and  in  such  cases,  the    .. 
town-clerk  shall  keep  the  same,  and  shall  give  true  copies 
thereof, when  re  quired,  which  shall  be  legal  evidence. 

CHAP.    III. 

An  Act  prescribing  a  summary  process,  to  enable 
the  owners  of  Lands,  Houses,  or  other  Build- 
ings,to  recover  Poss  ession. 

TJ  E  it  enacted  by  the  Senate,and  House  ofRep- 
JLB  rcsentatives,  in  General  Assembly  convened, 

That  whenever  the  owner  or  lessor  of  any  land,  dwelling-  Lessor  to  give 
house,  or  other  building,  held  under  a  lease,  in  writing  or  by  ^^e  ^Lit 
parol.  shall  desire  to  obtain  possession  of  the  same,  at  the  ex- 
piration of  the  lease,  oratanysubsequenttime,heshallgive 
notice  to  the  lessee  to  quit  possession  of  said  land,  house, 
or  building,  or  any  apartment  of  the  same,  at  least  thirty 
days  before  the  expiration  of  the  lease,  or  before  the  time 
when  said  lessee  shall  be  required  to  quit  possession ; 
which  notice  shall  be  in  writing,  in  the  form  following, 
to  wit : — "  I  hereby  give  you  notice,  that  you  are  to  quit  Form  ol  no- 
possession  of  the  land,  house  [apartment,  store,  &c.  as  tice- 
the  case  may  be]  now  occupied  by  you,  on  or  before  the 
[here  insert  the  day,  place,  date,  and  name]" — Of  which 
notice  duplicate  copies  shall  be  made,  one  of  which  shall  Duplicates  to 
be  delivered  to  the  lessee,  or  left  at  his  place  of  residence,  be  made- 
in  the  presence  of  at  least  one  credible  witness.     And  if, 
at  the  expiration  of  the  thirty  days,  the  lessee  shall  neg- 
lect  or  refuse  to  quit  his  possession  of  the  premises,  any  issueT'sum- 
justice  of  the  peace  in  the  town  in  which  the  said  leased  mons  to  lessee. 
premises  shall  be  situated,  shall  have  power,  on  complaint 
of  the  lessor  or  owner,  to  issue  a  summons  to  the  lessee, 
which  shall  be  served  at  least  six  days  before  the  time  of 
trial,  to  appear  before  him  to  answer  to  such  complaint ; 
and  also,  to  summon  a  jury  of  six  disinterested  freeholders  TO  issue  a  ve 
of  the  town,  to  enquire  whether  the  possessor  is  the  lessee  nire. 
of  the  complainant,  and  holds  over  the  term»ofthe  lease,  J"1^0  fin<l 
and  whether  notice  has  been  given  to  the  lessee  according 
to  the  provisions  of  this  act,  and  said  lessee  holds  pos- 
session after  the  expiration  of  the  time  therein  specified. 
And  in  case  the  jury  find  these  facts  in  favor  of  the  com-  tg  ^nder  ° 
plainant,  the  said  justice  of  the  peace  shall  render  judg-  judgment,  &c. 


308 


Title  57.     Leather. 


Defendant, 
when  to  recov 
er  costs. 


Bond,  with 
surety,  to  be 
taken. 


Lessor  entitled 
to  remedy  at 


Those  deriv- 
ing title  from 
lessor  to  have 
like  remedy. 

Fees  of  magis- 
trate, &c. 


ment  for  the  complainant,  to  recover  possession  of  the 
said  leased  premises,  with  his  costs,  and  issue  execution 
accordingly.  But  if  the  defendant  shall  show  to  the  |ury 
a  title  in  himself,  derived  after  the  date  of  the  lease,  from 
the  lessor,  or  from  any  other  person,  or  persons,  or  if  the 
jury  should  not  find  a  lease,  a  notice  given  and  a  holding 
over  as  aforesaid,  the  defendant  shall  recover  his  costs. 

SECT.  2.  When  any  magistrate  aforesaid,  shall  issue  a 
summons  for  the  purpose  aforesaid,  he  shall  take  of  the 
complainant  a  bond,  with  sufficient  surety,  to  the  adverse 
party,  to  answer  all  costs  and  damages  which  the  defend- 
ant may  sustain,  in  case  the  complainant  shall  fail  to 
make  his  plea  good. 

SECT.  3.  All  persons  claiming  title  to  the  premises, 
shall,  notwithstanding  this  act,  or  any  proceedings  that 
may  have  been  had  under  the  same,  be  entitled  to  their 
remedy  at  law,  in  the  same  manner  as  if  this  act  had  not 
been  passed. 

SECT.  4.  The  provisions  of  this  act  shall  extend  to  any 
person  or  persons  deriving  title  from  the  lessor  or  lessee 
of  any  land,  dwelling-house,  or  other  building  as  afore- 
said. 

SECT.  5.  The  fee  of  the  magistrate  for  the  trial  of  said 
complaint,  shall  be  one  dollar ;  and  the  fee  of  each  juror 
shall  be  fifty  cents;  and  the  officer's  fees  shall  be  the 
same  as  for  like  services  in  civil  process. 

TITLE  57.     Leather. 

An  Act  concerning  Leather,  and  for  regulating 
the  several  Artificers  concerned  in  working 
and  making  up  the  same. 

"BJiE  it  enacted  by  the  Senate,  and  House  ofRep- 
_D  resentatives,  in  General  Assembly  convene dy 
That  no  person  shall  set  up,  or  carry  on,  the  trade  or 
mystery  of  tanning  leather,  except  he  prove  his  skill  there- 
in, to  the  county  court  of  that  county,  wherein  such  per- 
son lives,  by  the  testimony  of  two  or  more  witnesses,  and 
obtain  a  licence  therefor,  from  such  court ;  and  every 
person,  who  shall  set  up  and  carry  on  said  trade,  without 
such  licence,  shall  forfeit  sixty-seven  dollars,  one  half  to 
him  who  .shaH  sue  for  the  same  to  effect,  and  the  other 
half  to  the  treasurer  of  the  county,  where  the  offence 
shall  be  committed". 

SECT.  2.  Each  manufacturer  of  leather,  or  of  boots, 
half-boots,  shoes,  pumps,  sandals,  slippers,  gola-shoes, 
saddles,  or  harness,  shall  have  the  exclusive  right  01 


1\tle  58.  Library  Companies Tide  59.  Limitations.  309 

stamping  said  articles,  b)  him  or  her  manufactured,  with 
the  initial  letter  of  his  or  her  Christian  name,  and  his  or 
her  surname  at  length,  and  the  name  of  the  town,  or 
place  of  his  or  her  abode  ;  and  such  stamping  shall  be 
considered  as  a  warranty,  that  the  article  stamped,  is 
merchantable,  being  made  of  good  materials,  and  well 
manufactured. 

SECT.  3.  If  any  person  shall  fraudulently  stamp,  or  aid  Penalty  for 
or  abet,  in  fraudulently  stamping,  either  of  the  articles  g^p^llr 
aforesaid,  with  the  name  or  stamp  of  any  other  person,  he 
shall,  on  due  conviction  thereof,  be  punished  by  fine,  not 
exceeding  one  hundred  dollars,  to  the  state  treasury,  or 
by  imprisonment,  not  exceeding  six  months,  or  by  both 
those  punishments,  at  the  discretion  of  the  court,  having 
cognizance  of  the  offence. 

TITLE  58.     Library  Companies. 
An  Act  concerning  Library  Companies. 

.  TjE  **  enacted  by  the  Senate  and  House  of  Rcpre- 

'  MJ  sentatives,  in  General  Assembly  convened,  That  Association  for 
liberty  be,  and  hereby  is  granted  to  any  individuals,  in  establishing  a 
any  town  in  this  state,  to  associate  for  the  purpose  of  pro-  public  library 
curing  and  establishing  a  public  library  ;  and  being  so  as-  ™iitic  and^ 
sociated,  shall,  on  complying  with  the  provisions  of  this  corporate, 
act,  be  considered  as  a  body  politic  and  corporate  ;  may  General  pow- 
choose  a  president,  and  other  officers  ;  may  enact  by-  ers. 
laws  for  regulating  the  affairs  of  such  corporation,  not 
inconsistent  with  the  laws  of  this  state,  and  compel  the 
due  observance  thereof,  by  suitable  penalties  ;  may  sue 
and  be  sued,  and  do  all  acts  necessary  and  proper  for  the 
well  ordering  of  the  affairs  of  such  corporation.     Provid-  A          of  ar_ 
ed,  however,  that  before  any  such  association  shall  be  en-  tides  of  asso- 
titledto  the  privileges  of  this  act,   they  shall  lodge  with  ciatfon   to  be 
the  secretary  of  this  state,  a  copy  of  their  articles  of  as-  ^£J^/- 
sociation.     Provided,  also,  that  this  act  may.  at  any  time, 
be  altered  or  repealed,  by  the  general  assembly.  peafabio  * 

TITLE  59.     Limitations. 

An  Act  for  the  Limitation  of  Civil  Actions,  and 
ol  Criminal  Prosecutions. 

t      "I  "J  E  it  enacted  by  the  Senate  and  House  of  Rep- 

SiECT.    1  •      H  *%  ...  •     y-v  i    .*  .  i  "         •, 

M..9  rcscntahves,  in  Gene ral  Assembly  convened.  v  . 
T"U  i.  L  11  L         r±  i  Enter  into 

I  hat  no  person  shall,  at  any  tune  hereafter,  make  entrv  lands,  limited 


310 


Title  59.     Limitations. 


Action,  when 
to  be  brought 
upon  such  en- 
trj. 

Saving. 


Actions  on 
specialties, 
limited. 

Saving. 


Account ; 
book-debt ; 
assuinpsit  up- 
on implied  or 
simple  con- 
tract. 

Saving. 


Trespass  on 
the  case. 


into  any  lands'or  tenements,  but  within  fifteen  years  next 
after  his  right  or  title  shall  first  descend  or  accrue  to  the 
same  ;  and  every  such  person,  so  not  entering,  and  his 
heirs,  shall  be  utterly  disabled  to  make  such  entry  after- 
wards; and  no  such  entry  shall  be  sufficient,  unless  an  ac- 
tion shall  be  cpmmenced  thereupon,  and  prosecuted  with 
effect,  within  one  year  next  after  the  making  thereof. 
Provided,  nevertheless,  that  if  any  person  who  hath,  or 
shall  have,  such  right  or  title  of  entry  into  any  lands  or 
tenements,  be,  or  shall  be,  at  the  time  of  the  first  descend- 
ing or  accruing  of  the  said  right  or  title,  within  the  age  of 
twenty-one  years,  feme  covert,  non  compos  mentis,  or  im- 
prisoned, then  such  person  and  his  heirs  may,  notwith- 
standing the  expiration  of  the  said  fifteen  years,  bring 
such  action,  or  make  such  entry,  as  he  might  have  done 
before  the  expiration  of  the  said  fifteen  years,  so  as  such 
person  shall,  within  five  years  next  after  full  age,  disco- 
verturc,  coming  of  sound  mind,  enlargement  out  of  pris- 
on, or  the  heirs  of  such  person,  shall,  within  five  years  af- 
ter the  death  of  such  person,  bring  such  action,  or  make 
such  entry,  and  take  benefit  of  the  same.(l) 

SECT.  2.  No  action  shall  be  brought  on  any  bond,  or  writ- 
ing obligatory,  contract  under  seal,  or  promissory  note  not 
negotiable,  but  within  seventeen  years,  nextafteran  action 
on  the  same  shall  accrue.  Provided,  nevertheless,  that 
persons  legally  incapable  to  bring  an  action  on  such  bond 
or  writing,  at  the  accruing  of  the  right  of  action  thereon, 
may  bring  the  same  at  any  time  within  four  years  after 
their  becoming  legally  capable  to  bring  such  action. 

SECT.  3.  No  action  of  account,  of  debt  on  book,  or 
on  simple  contract,  or  of  assumpsit,  founded  upon  implied 
contract,  or  upon  any  contract  in  writing,  not  under  seal, 
except  promissory  notes  not  negotiable,  shall  be  brought 
but  within  six  years  next  after  the  right  of  action  shall  ac- 
crue. Provided,  nevertheless,  that  persons  legally  inca- 
pable to  bring  any  such  action,  at  the  accruing  of  the 
right  of  action,  may  bring  the  'same  at  any  time  within 
three  years  after  their  becoming  legally  capable  to  bring 
such  action. 

SECT.  4.  No  action  of  trespass  on  the  case  shall  be 
brought  but  within  six  years  next  after  the  right  of  action 
shall  accrue. 


(1)  This  clause  was  passed  in  1684,  and 
is  copied  from  21  Jac.  1.  c.  6.  s.  1.  ex- 
cepting as  to  the  length  of  time,  which  in 
that  statute  is  twenty  years.  In  the  statute 
of  Jac.  1.  there  is  an  exception  in  favor 
of  persons  beyond  seas  ;  which  was  at  first 
copied  into  our  statute  ;  but  though  such 
an  exception  might  be  proper  in  England, 


yet  as  it  would  be  highly  unreasonable  in 
this  country,  it  has  been  omitted.  In  the 
construction  of  this  statute,  it  has  been  de- 
cided, that  when  the  statute  once  begins 
to  run,  a  supervenient  disability  will  not 
stop  it,  so  that  no  person  can  take  benefit 
of  two  successive  disabilities.  Bunce  v. 
Wokott,  2  Conn.  Rep.  27. 


re-W 


Title  59.     Limitations.  31  1 

SECT.  5.  No  action  founded  upon  any  express  contract  Actions  found- 
er agreement,  other  than  actions  of  book  debt,  on  proper  p^gc"^*' 
subjects  thereof,  not  reduced  to  writing,  or  some  note  or  tracts,  not  re- 
memorandum  thereof,  made  in  writing,  and  signed  by  the  duced  to  writ- 
party  to  be  charged  therewith,  or  some  other  person  by  ing  ' 
him  lawfully  authorized;  no  action  of  trespass  ;  and  no  trespass; 
action  upon  the  case  for  words,  shall    be  brought  but  C1 
within  three  years  next  after  the  right  of  action  shall  ac- 
crue. 

SECT.  6.  No  suit  or  action  for  any  forfeiture,  upon  any  Actions  on 
penal  statute,  shall  be  brought  by  any  person  or  persons,  Penal  statutes. 
who  may  lawfully  sue  for  the  same,  but  within  one  year 
next  after  the  offence  committed. 

SECT.  7.  No  suitor  action,  either  in  law  or  equity,  shall  Actions  a- 
be  brought  against  any  sheriff,  sheriff's  deputy,  or  consta-  gainst  officers 
ble,  for  any  neglect  or  default  in   his  office  and  duty,  JJ^f*1**  of 
but  within  two  years  next  after  the  right  of  action  shall    u  y' 
accrue. 

SECT.  8.  If  in  any  of  the  said  suits  or  actions,  judgment  Time  of  com- 
be given  for  the  plaintiff,  and  the  same  be  reversed  by  ^"'after  re 
error,  or  a  verdict  pass  for  the  plaintiff,  and  upon  matter  vers'al  or  ar- 
<  alleged  in  arrest  of  judgment,  the  judgment  be  given  rest  °f  Judg- 
against  the  plaintiff,  that  he  take  nothing  by  his  writ,  de-  ment»lin"tec 
claration,  or  bill  ;  in  all  such  cases,  the  party  plaintiff, 
his  heirs,  executors,  or  administrators,  as  the  case  shall 
require,  may  commence  a  new  suit  or  action,  at  any  time 
within  a  year  after  such  judgment  reversed,  or  such  judg- 
ment given  against  the  plaintiff.     And  in  computing  the  Time  of  de- 
time  limited  in  the  several  cases  aforesaid,  the  time,  dur-  fendant'sab- 
ing  which  the  party  against  whom  there  may  be  any  such  sence  from  the 
cause  of  action,  shall  be  without  this  state,  shall  be  ex-  fxac*ej/e°dbfr0m 
eluded  from  the  computation.     In  all  cases,  herein  before  computation. 
specified,  wherein,  by  the  laws  of  this  state,  hitherto  in  Newlimita- 
force,  no  time  is  limited  for  the  bringing  of  said  actions,  ^Q3118^^6 
or  a  longer  time  is  allowed  therefor,  than  the  time  herein  from  June,  1, 
limited,  such  last  mentioned  time  shall  commence  on,  and  1821. 
be  computed  from,  the  first  day  of  June,  one  thousand 
eight  hundred  and  twenty-one. 

SECT.  9.  No  writ  of  error  shall  be  brought  for  there-  Writ  of  error. 
versal  of  any  judgment,   after  the    expiration  of  three 
years  from  the  time  of  rendering  such  judgment. 

SECT.  10.  No  petition  for  a  new  trial,  in  any  case  in  which  Petition  for  a 
final  judgment  hath  been,  or  shall  have  been  rendered,  new  trial. 
either  in  chancery  or  at  law,  shall  be  brought,  but  within 
three  years  next  after  the  judgment  or  decree  complain- 
ed of,  shall  have  been  rendered  or  passed. 

SECT.  11.  No  person  shall  be  indicted,  informed  against,  Treason  and 
complained  of,  or  in  any  way  prosecuted,  before  any  court,  new-gate  of- 
for  treason  against  this  state,  or  for  any  crime  or  misdemean-  fences' 


312 


Title  60.     Maintenance. 


Any  crime  or 
misdemeanor, 
not  punishable 
with  death,  or 
imprisonment 
in  new-gate. 


Proviso  as  to 
slave-trade, 
slaves,  &c. 


Proviso  as  to 
offenders  flee- 
ing from  the 
state. 


Proviso  as  to 
limitations  in 
other  statutes. 


or,  whereof  the  punishment  is,  or  may  be,  imprisonment 
in  new-gate  prison,  unless  the  indictment,  presentment, 
or  complaint  be  made  and  exhibited  within  three  years, 
next  after  the  offence  shall  have  been  committed  :  nor 
shall  any  person  be  indicted,  informed  against,  complain- 
ed of,  or  in  any  way  prosecuted,  before  any  court,  for  the 
breach  of  any  penal  law,  or  for  other  crime  or  misdemean- 
or, excepting  crimes  punishable  by  death,  or  imprisonment 
in  new-gate  prison,  unless  the  indictment,  presentment,  in- 
formation or  complaint,  be  made  and  exhibited  within 
one  year  next  after  the  offence  shall  have  been  commit- 
ted. Provided,  that  any  action  or  prosecution  proper 
for  the  recovery  of  any  penalty  incurred  by  the  breach 
of  any  of  the  provisions  of  the  law  relating  to  the  slave- 
trade,  or  concerning  Indian,  Mulatto,  and  Negro  servants 
and  slaves,  may  be  brought,  and  prosecuted  at  any  time 
within  three  years  after  such  cause  of  action  shall  arise. 
Provided,  that  if  the  person  against  whom  such  indict- 
ment, presentment,  information  or  complaint  shall  be 
brought  or  exhibited,  shall  have  fled  from,  and  have  re- 
sided out  of,  this  state,  during  the  period  limited  as  afore- 
said for  the  prosecution  of  the  offence  charged,  then  the 
same  may  brought  and  exhibited  against  such  person,  at 
any  time  within  such  period,  during  which  he  shall  reside 
within  this  state,  after  the  commission  of  the  offence. 
And  provided,  also,  that  where  anv  suit,  indictment,  pre- 
sentment, information  or  complaint,  for  any  crime  or  mis- 
demeanor, is,  or  shall  be  limited  by  any  other  statute,  to 
be  brought  or  exhibited  within  a  shorter  time  than  is 
hereby  limited,  the  same  shall  be  brought  or  exhibited 
within  the  time  limited  by  such  statute. (2) 


(2)  Statutes  of  limitation  are  properly 
called  statutes  of  repose  ;  as  they  prevent 
disputes  of  long  standing,  which  are  high- 
ly prejudicial  to  the  interests  of  the  com- 
munity. Though  statutes  of  this  kind  have 
been  enacted  from  time  to  time,  yet  there 
were  many  cases  to  which  they  did  not  ex- 
tend. By  the  former  statutes,  there  was 
no  limitation  to  actions  of  account,  assump- 
sit  on  written  or  implied  contracts,  or  tres- 
pass on  case,  except  for  slander.  The  pre- 
sent statute  is  intended  to  limit  all  actions, 


to  a  reasonable  time.  In  the  former  stat- 
utes, the  limitation  was  confined  to  bonds, 
bills  or  notes,  for  money  only  ;  and  where 
the  condition  or  con*  rac'  was  for  any  "her 
thing,  there  was  no  limitation.  As  there 
can  be  no  reason  for  such  a  distinciion,  i-  is 
here  omitred.  In  the  former  staiuics.  ht-re 
was  no  limitation  'o  a  prosecu  i.n  *  T  a 
crime,  unless  some  forfeiture  belonged  to 
a  public  treasury  :  but  it  was  'h<">iii-ht  rea- 
sonable that  other  prosecutions,  whs- re  ihr 
offence  is  not  capital,  should  be  limited. 


Attornies, 
•heriffs,  &c. 


TITLE  60.     Maintenance. 
An  Act  to  prevent  unlawful  Maintenance. 

T)  E  it  enacted  by  the  Smut?  and  House  of  Rep- 

JLJ  resentatives,  in  General  Jls?  >J, 

That  no  attorney  or  counsellor  at  law,  sheriff,  deputy- 


Title  60.     Maintenance.  3 1 3 

sheriff,  or  constable  shall,  directly  or  indirectly,  buy,  or  not  to  pur- 
be  in  any  way  or  manner  interested  in  buying,  any  bond,  ^T^ 
bill,  promissory  writing,  book-debt,  or  other  chose  in  ac- 
tion, unless  in  payment  for  estate,  either  real  or  personal, 
sold,  or  for  services  rendered,  or  for  a  debt  or  debts 
antecedently  contracted  without  intent  to  evade  or  violate 
this  act,  on  pain  of  forfeiting  a  sum  equal  to  the  amount 
of  the  bond,  bill,  promissory  writing,  book-debt,  or  other 

chose  in  action,  so  unlawfully  bought, — to  be  recovered  in  . 

,  i  /.         ,       how  recover- 

any  proper  action,  by  any  person  who  may  sue  for  the  e^ 

same,  before  any  proper  court,  or  by  complaint  or  in- 
formation of  any  informing  officer.  Provided,  that  this  Proviso, 
act  shall  not  be  construed  to  prohibit  the  buying  of  any 
bill  of  exchange,  draft,  or  other  chose  in  action,  pur- 
chased for  the  purpose  of  remittance,  and  not  to  evade 
this  act. 

SECT.  2.  It  shall  be  lawful  for  any  defendant,  in  any  Deren(jant 
suit  brought  on  any  bond,  bill,  prommissory  writing,  or  milycail  upon 
other  chose  in  action,  to  file  his  motion,  if  before  any   the  plaintiff,  or 
city  court,  or  justice  of  the  peace,  at  the  time  of  his  ap-  his  Attorney, 
pearance,  and  if  before  any  county  court,  on  the  second  tothepur-*" 
day  of  the  session  thereof — alleging  that  he  verily  be-  chaseofthe 
lieves,  that  the  bond,  bill,  promissory  writing,  book-debt,  note  in suit- 
or  other  chose  in  action,  hath  been  bought  contrary  to 
the  provisions   of  this    act,  and  praying  the    court,    or 
justice,  to  enquire  into  the  truth  thereof,  by   common 
law  proof,  or  by  the  oath  of  the  plaintiiF,  if  a  resident 
within  this  state,  or  by  the  oath  of  the  attorney  in  such 
suit,   if  a  resident  without  this    state,  which  the  court, 
or  justice,  is  hereby  authorized  to  do ;  and  if  the  plain- 
tiff, or  attorney,  in  the  cases  aforesaid,  shall  refuse  to  dis- 
close, on  oath,  regarding  the  facts  alleged  in  said  motion, 
or  if  on  such  disclosure,  it  shall  appear  that  such  bond, 
bill,   promissory  writing,   book-debt,    or  other  chose  in 
action,  hath  been  bought  in  violation  of  this   act,  the 
plaintiff  shall  be  non-suited. 

SECT.  3.  In  case  any  counsellor,  or  attorney  at  law,  Counsellor  or 
shall  be  guilty  of  a  breach  of  this  act,  and  shall  be  thereof  attorney,  con- 
duly  convicted,  or  by  an  enquiry  instituted  by  the  superior  ^te^  th?reo£ 
court,  or  any    county   court,   shall   be    found    to   have  from  thVrolL 
violated  the  same,  he  shall  be  struck  off  the  roll  of  attor- 
nies,  and  counsellors,  and  be  thereafter-  no  longer  permit- 
ted to  practice  in  either  of  said  capacities,  in  any  court 
in  this  state,  except  in  his  own  cause. 


10 


314  Title  61.     Mandamus. 


TITLE  61.     Mandamus. 

An  Act  authorizing  the  Superior  Court  to  grant 
writs  of  Mandamus,  Prohibition,  and  Quo 
Warranto. 

T3  E  it  enacted  by  the  Senate  and  House  of  Rep- 

MAKDAMUS.  *   JJ  resentatives,  in  General  Assembly  convened, 

Superiorcourt,  That  the  superior  court  shall  have  power  to  issue  writs  of 
empowered  to  mandamus,  in  cases  in  which  they  may  by  law  be  granted, 
issue  writs  of  au(j  jo  procee(j  therein,  and  to  render  judgment  according 

to  the  course  of  the  common  law. 

Peremptory  SECT.  2.  When  a  writ  of  mandamus  is  issued,  requir- 
mandamus,  ing  the  party  to  whom  it  is  directed  to  make  a  return,  if 
when  to  be  sucn  partv  snall  refuse  or  neglect  to  do  it.  then  the  court 
issued.  f  J 

may  issue  a  peremptory  mandamus. 

Court  may  en-       SECT.  3.  When  the  party  to  whom  such  writ  is  directed 

quire  into  truth  shall  make  a  return  sufficient  on  the  face  of  it,  if  it  shall 

of  return.          |je  denied  by  the  other  party,  it  shall  be  competent  for 

the  court  to  enquire  into  the  truth  of  it,  and  if  they  shall 

find  it  to  be  untrue,  then  to  issue  a  peremptory  mandamus, 

in  the  same  manner,  and  on  the  same  principles,  as  if  the 

Judgment         return  was  insufficient ;  and  to  render  judgment  for  the 

complainant  to  recover  his  costs,  and  to  grant  execution 

for  the  same ;  but  if  the  return  shall  be  found  to  be  true 

and  sufficient,  then  to   render  judgment  in  favor  of  the 

party  complained  of,  to  recover  his  costs  against 'the 

complainant. 

PROHIBITION-  SECT.  4.  Be  it  further  enacted,  That  when  any  person 
B  whom  and  or  Persons5  sna'^  ma^e  complaint  and  suggestion  to  the 
in  what  case"  superior  court,  when  in  session,  or  to  either  of  the  judges 
a  rule  shall  be  in  vacation,  that  any  inferior  court  or  tribunal  do  exceed 
^ranted.  their  jurisdiction,  or  hold  plea  of  any  matter,  cause  or 

thing,  whereof  by  law  such  court  has  not  cognizance,  by 
which  the  person  or  persons  suggesting  are  aggrieved  ; 
then  in  every  such  case,  the  superior  court,  or  such  judge, 
is  impowered  to  grant  a  rule,  subscribed  by  the  clerk  of 
the  court,  or  such  judge,  directed  to  the  party  prosecut- 
ing, as  well  as  to  the  judge  or  judges  of  such  inferior 
court,  as  take  cognizance  of  matters  of  which  they  have 
no  right  to  hold  plea,  to  appear  before  the  superior  court, 
or  such  judge,  in  such  reasonable  time  as  they  or  he  shall 
appoint,  to  shew  cause,  why  a  writ  of  prohibition  should 
not  be  issued  against  them.  If  the  party  complained  of 
shall  neglect  or  refuse  to  appear,  said  court  or  judge  shall 
issue  a  writ  of  prohibition,  as  prayed  for ;  but  if  such 


Title  61.     Mandamus.  315 

party  shall  appear,  he  may  plead  any  proper  matter  in 
his  defence  ;  and  said  court  or  judge  shall  have  power  to  Trial. 
examine  and  decide  upon  the  truth,  as  well  as  the  suffi- 
ciency, of  the  facts  arising  in  the  cause  ;  and  if  they  find 
sufficient  ground,  shall  issue  a  writ  of  prohibition  to  the  Writ  of  prohi- 
party  prosecuting  the  suit,  and  to  the  judge  or  judges  in  the  bition. 
court  below,  commanding  them  to  proceed  no  further  in 
the  trial  of  the  suit ;  and  shall  also  tax  lawful  costs  in  APPlicailt's 
favor  of  the  applicant.     And  if  the  party  in  the  court  cc 
below,  or  the  judge  or  judges  of  such  court,  disobey  such  Disobedience 
writ  of  prohibition,  then  such  superior  court,  or  judge,  punishable  as 
shall  have  power  to  punish  them  for  the  contempt,  ac-  for  a  contempt, 
cording  to  the  rules  of  the  common  law ;  and  the  party  Damages  re- 
aggrieved  shall  have  his  action  on  the  case  to  recover  all  actiono^the 
the  damages  he  may  sustain.     But  if  no  sufficient  rea-  case, 
sons  appear  for  granting  a  writ  of  prohibition,  costs  shall  Costs  in  favor 

be  taxed  in  favor  of  the  party  complained  of,  and  execu-  °[  Party  ,com- 

,,/.,,  *  plained  of. 

tion  granted  for  the  same. 

SECT.  5.  And  be  it  further  enacted,  That  when  any  per-  ^OWARRAW- 
son  or  corporation,  shall  usurp  the  exercise  of  any  office, 

franchise  or  jurisdiction,  the  superior  court  shall  have  Power  of  BU- 

.  j    i       •    c  ,-        •       .,  f.  perior  courf  to 

power  to  proceed  by  information  in  the  nature  of  quo  proceed  by  in- 
warranlo,  to  punish  them  for  such  usurpation,  according  formation; 
to  the  usage  and  principles  of  the  common  law  ;  and  also, 
may  permit  an  information  in  the  nature  of  quo  warranto,  or  to  permit 
to  be  filed  in  the  name  of  the  attorney  for  the  state  in  j£  SfjJJ1!0" 
the  county  where  the  cause  of  action  arises,  at  the  rela-  the  nam^  ')J-n 
tion  of  any  person  desiring  to  prosecute  the  same,  against  the  state's  at- 
any  person  usurping  any  corporate  franchise  or  office,  and  torney5  atthe 
to   proceed  therein,  and  render  judgment,  according  to  ™^honofany 
the  course  of  the  common  law. 

SECT.  6.  When  notice  of  any  rule  is  to  be  given,  and  Notice  of  rule, 
service  of  any  writ  to  be  made,  the  same  shall  be  direct-  and  service  of 
ed  to  the  sheriff  of  the  county,  or  his  deputy,  or  to  a  writ 
constable  of  the  town,  who  shall  leave  a  copy  with  the  de- 
fendant, at  such  time  as  the  court  or  judge  shall  direct,  and 
make  due  return  of  his  doings ;  and  the  superior  court,  or  a 
judge  of  such  court  acting  in  vacation,  shall  have  power  Time  of ap- 
to  prescribe  such  time  for  the  appearance  of  the  parties  peai 
as  they  shall  judge  to  be  reasonable,  to  give  them  an 
opportunity  to  make  their  defence. 


316  Title  62.     Manufactures Title  63.     Marriage. 

TITLE  62.     Manufactures. 

An  Act  concerning  incorporated  Manufacturing 
Companies. 


B 


[Enacted  in  May,  1817.] 

JE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Assembly  convened,  That  neither 
Stockholders     the  person,  nor  the  private  property  of  the  stockholders 
sonalh-  liabl""  °^  manufacturing  companies,  now  incorporated  in  this 
state,  shall  be  liable  for,  or  on  account  of,  any  contract 
which  shall  be  made  by  such  company,  from  and  after 
the  fourth  day  of  July  next,  made  for  the  sole  benefit  of 
Proviso,  re-       said  company.     Provided,  nevertheless,  that  none  of  said 
quiring  a certi-  companies  shall  take  benefit  of  this  act,  unless  such  as 

aLa0LtofcV  sha11'  b>'the  fourth  da>  of  July  next'  lodSe  a  certificate 
ital  stock.         with  the  town-clerk,  of  that  town  where  the  factory  of 

such  company  is  situated,  (who  is  hereby  directed  to  re- 
ceive, and  record  the  same,)  containing  the  amount  of  the 
capital  stock  of  such  companies. 

TITLE  63.     Marriage. 

An  Act  for  the  due  arid  orderly  celebrating  of 
Marriage. 

,     ¥3E  it  enacted  by  the  Senate  and  House  of  Rep- 
MJ  resentatives,  in  General  Assembly  convened, 

Intention  of       That  no  person  shall  be  joined  in  marriage,  before  the 

marriage,  liow  purpose  or  intention  of  the  parties  proceeding  therein, 

to  be  publish-  natn  been  sufticiently  published  in  some  public  meeting 

or  congregation,  on  the  Lord's  day,  or  some  public  fast, 

thanksgiving  or  lecture-day,  in  the   parish,  or  society, 

where  the  parties,  or  either  of  them,  do  ordinarily  reside, 

or  such  purpose  or  intention  be  set  up,  in  fair  writing, 

upon  some  post  or  door  of  their  meeting-house,  or  near 

the  same,  in  public  view,  there  to  stand  so  as  it  may  be 

read  eight  days  before  such  marriage. 

Who  may  join       SECT.  2.  The  judges  of  the  superior  and  county  courts, 
persons  in         justices  ofthe  peace,  and  ordained  ministers,  so  long  as 
marriage.         tnev  continue  m  (ne  work  ofthe  ministry,  shall  have  pow- 
er to  join  any  persons  in  marriage  ;  and  all  marriages  at- 
tempted to  be  celebrated  by  any  other  persons,  shall  be 
Proviso.  void.     Provided  nevertheless,   that  all  marriages,  which 

shall  be  performed  and  solemnized,  according  to  the 
forms  and  usages  of  any  religious  denomination,  in  this 
state,  shall  be  good  and  valid. 


Title  63.     Marriage.  317 

SECT.  3.  If  any  judge,  justice  of  the  peace,  or  ordain-  Penalty  for 
ed  minister,  shall  join  any  persons  together  in  marriage,  ^ag^Sout 
before  the  purpose  or  intention  of  the  parties  to  be  mar-  pubiication°of 
ried  has  been  published  or  notified  as  aforesaid,  and  be-  intention,  or 
fore  such  magistrate,  justice,  or  minister  is  certified  of  the 
consent  of  the  parents  or  guardians,  (if  any  there  be,)  of 
such  parties  as  are  under  the  care  and  control  of  parents 
or  guardians,  he  shall,  for  every  such  offence,  forfeit  and 
pay  the  sum  of  sixty-seven  dollars  ;  one  moiety  whereof 
shall  be  to  him  or  them  who  shall  complain  of,  and  pros- 
ecute the  same  to  effect,  and  the  other  moiety  to  the 
treasury  of  the  county  wherein  the  offence  shall  be  com- 
mitted.    And  if  any  person  or  persons  shall  deface  or  Penalty  for  de 
take  down  any  notice  set  up  in  writing,  as  aforesaid,  be-  facinS  or  tak- 
fore  the  expiration  of  eight  days  after  the  time  of  its  be-  J"cge 
ing  set  up  ;  every  such  person  or  persons  shall  .be  fined 
the  sum  of  three  dollars. 

SECT.  4.  It  shall  be  the  duty  of  every  person,  who  shall  Certificate  of 
hereafter  join  any  persons  together  in  marriage,  or  of  the  ^"i 
clerk  of  any  religious  society,  according  to  the  usages  of  town-clerk 
which  the  marriage  is  performed,  by  the  declaration  of 
the  parties,  in  open  meeting,  within  thirty  days  after  said 
marriage,  to  lodge  a  certificate  of  the  same  with  the  town- 
clerk  of  the  town,  in  which  such  marriage  was  performed. 
And  it  shall  be  the  duty  of  the  town-clerk,  to  record  said 
certificate,  at  full  length,  in  a  book  procured  by  him  for 
this  purpose  ;  for  which  service  said  ^own-clerk  shall  be 
entitled  to  receive  twelve  and  a  half  cents  from  the  per-  Feeforrecord- 
son  who  shall  lodge  such  certificate  for  record.     A  copy  ^'    ofreco  d 
of  the  record  of  such  certificate,  duly  authenticated,  shall  to  be  received 
be  received  in  evidence  in  all  courts  in  this  state.  in  evidence. 

SECT.  5.  If  any  person,  who  shall  hereafter  join  any  Penalty  for 
persons  together  in  marriage,   shall  neglect  or  refuse  to  neglect  to 
lodge  a  certificate  of  such  marriage  with  the  town  clerk,  lod&e  certifi" 
as  aforesaid,  within  thirty  days  after  the  celebration  of 
such  marriage,  such  person  shall  forfeit  and  pay  the  sum 
of  fifteen  dollars,  for  the  use  of  the  treasury  of  the  town 
wherein  such  marriage  was  performed.     And  it  shall  be 
the  duty  of  the  treasurer  of  such  town  to  prosecute  the 
same  to  effect.     And  in  case  the  treasurer,  after  notice  Penalty  ou 
that  a  marriage  has  been  performed,  and  not   recorded,  treasurer  for 
agreeably  to  this  act,  shall  neglect  to  prosecute  for  the 
aforesaid  penalty,  he  shall  forfeit  and  pay  the  sum  of  seven 
dollars,  to  any  one  who  shall  sue  therefor. 

SECT.  6.  All  marriages,  which  have  heretofore  been  Former  mar- 
performed  and  celebrated,  in  this  state,  by  a  magistrate,  riagesdeclar- 
justice  of  the  peace,  or  a  minister,  ordained,  or  qualified,  ** 
and  empowered  to  celebrate  marriages,  according  to  the 
forms  and  usages  of  any  religious  society  or  denomination, 


318  Title  64.     Masters  and  Servants. 

are  hereby  declared  to  be  good  and  valid,  to  all  intents 
and  purposes  whatever ;  any  law,  custom,  or  usage  to 
the  contrary,  notwithstanding^  1) 

(1)  It  is  evident,  that  the  first  settlers  ever  been  considered,  that  the  marriage 

of  this  country  considered  marriage    as  was  valid,  and  that  the  magistrate  or  min- 

merely  a  civil  contract ;    for,  by  a  law  ister  celebrating  it,  was  liable  to  a  penalty, 

passed  in  1640,  the  power  to  perform  the  By  the  former  statute,  every  person,  except 

marriage  ceremony  was  given  to  the  civil  a  magistrate    or  ordained  minister,  was 

magistrate  only.     In  1694,  it  was  given  to  prohibited  from  performing  the  marriage 

ordained  ministers,  as  well  as  magistrates.  ceremony  ;  and    a  question  having  been 

Though  the  statute  prohibits  the  joining  of  frequently  agitated,  whether  a  marriage  by 

persons  in  marriage,  without  publishment,  any  other  person  was  valid,  it  was  thought 

and  in  case  of  minors,  without  the  consent  b.est  to  remove  all  doubt,  by  declaring  it  te 

of  their  parents  or  guardians,  yet  it  has  be  void. 


TITLE  64.     Masters  and  Servants. 
An  Act  relating  to  Masters  and  Servants. 

.      1  »E  it  enacted  by  the  Senate  and  House  of  Rep- 
JU  resentatives,  in  General  Assembly  convened, 

Who  may  That  the  fathers  and  guardians  of  minors  may  bind  them. 
bind  apprenti-  by  deed,  or  indenture,  as  apprentices,  to  learn  some 
trade  or  profession;  males  till  twenty-one,  and  females 
till  eighteen,  or  to  the  time  of  their  marriage  within  that 
age,  with  the  assent  of  such  minor,  expressed  in  the  in- 
denture, by  subscribing  the  same;  which  binding  shall  be 
as  effectual  as  if  the  minor  was  offull  age.(l) 

When  minors  SECT.  2.  Minors  of  the  age  of  fourteen,  having  no  fa- 
themseivesa  ^er  or  guar(^'ani  within  the  state,  may  bind  themselves 
prentices.8  aP  apprentices,  by  indenture,  with  the  approbation  of  the 

major  part  of  the  select-men  in  the  town. 

When  select-  SECT.  3.  If  any  person  or  persons,  who  have  had  reliefer 
supplies  from  any  town,  shall  suffer  their  children  to 
mispend  their  time,  and  live  in  idleness,  and  shall  neglect 
to  bring  them  up,  and  employ  them,  in  some  honest  cal- 
ling ;  or  if  there  shall  be,  at  any  time,  any  family  that 
cannot,  or  does  not,  provide  competently  for  their  chil- 

(1)  In  the  revision  of  1672,  there  is  a  reg-  made,  that  such  contract  should  be  binding 

ulation,  that  no  person,  under  the  govern-  on  the  parent,  guardian,  or  master.     The 

ment  of  a  parent,  guardian,  or  master,  shall  only  effect  of  this  clause  of  the  statute  was. 

be  capable  to  make  a  contract,  unless  al-  to  deprive  minors  of  the  power  of  making 

lowed  by  his  parent,  guardian  or  master.  contracts  for  necessaries,  which  they  could 

A  question  seems  to  have  arisen,  whether  do  at  common  law.     As  no  inconvenience 

this  did  not  give  the  power  to  a  parent,  has  resulted  from  the  exercise  of  this  pow- 

guardian  or  master,  to  enable  a  child  or  er,  where  it  is  possessed  ;  and  as,  in  many 

minor,  under  his  care,  to  make  contracts,  cases,  it  may  be  necessary  ;  this  section 

in  the  same  manner,  as  if  of  full  age.     To  has  been  omitted,  and  minors  now  stand  on 

guard  against  this  construction,  in  the  re-  the  footing  of  the  common  law,  as  to  their 

vision  of  1784,  a  further    provision    was  capacity  of  making  contracts. 


Title  64.     Masters  and  Servants.  319 

tiren,  whereby  they  are  exposed  to  want ;  or  if  there  be 
any  poor  children  in  any  town,  that  live  idly,  or  are  ex- 
posed to  want  and  distress,  and  there  are  none  to  take 
care  of  them  ;  it  shall  be  the  duty  of  the  select-men  of 
such  town,  and  they  are  hereby  empowered,  with  the 
assent  of  a  justice  of  the  peace,  to  bind  out  such  poor 
children,  belonging  to  such  town,  to  be  apprentices  to 
some  proper  masters,  to  be  instructed  in  some  suitable 
trade,  calling,  or  profession;  males  till  the  age  of  twen- 
ty-one, and  females  till  the  age  of  eighteen,  or  to  the 
time  of  their  marriage  within  that  age ;  which  binding 
shall  be  valid  and  effectual  in  law. 

SECT.  4.  If  any  apprentice,  bound  by  indenture,  shall  Refractory 
refuse,  or  wilfully  neglect;  to  serve  as  an  apprentice,  ac-  j^pren*^g£e<t 
cording  to  the  terms  of  the  indenture  ;  or  shall  disobey 
the  lawful  commands,  or  resist  the  authority  of  his  mas- 
ter;  or  shall  waste  or  destroy  his  property  ;  or  be  guilty 
of  any  gross  misbehavior,  and  wilful  neglect  of  duty ;  the 
master  may  make  complaint  to  any  two  justices  of  the 
peace  in  the  town  where  he  lives,  who  may  issue  a  war- 
rant, and  cause  such  apprentice  to  be  broughtbeforethem, 
and  enquire  into  the  truth  of  the  matters  complained  of, 
and  if  they   shall  find  such  apprentice  guilty,  they  may 
commit  him  to  the  house  of  correction,  or  if  there  be 
none,  to  the  common  gaol,  in  the  county,  there  to  be  con- 
fined, at  hard  labor,   for  such  time  as  they  shall  think 
proper,  not  exceeding  thirty  days.     Provided,  that  such  proviso    as  to 
justices  may,  on  reformation,  order  such  apprentices  to  release   from 
be  released  from  prison  ;  or,  such  justices  may,  if  they  prison ;  or  dis- 
judge  it  best,  discharge  such  master  from  the  contract  of  prentice™ 
apprenticeship,  and  all  obligation  to  perform  the  same,  ship.6" 
and  may  cancel  the  indenture  ;  and  in  that  case,  such 
apprentice  may  be  bound  out  anew. 

SECT.  5.   Where  an  apprentice,  bound  by  indenture,  as  Runaway  ap- 
aforesaid,  shall  depart  from  the  service  of  his  master,  it  prentices,  how 
shall  be  lawful  for  any  justice  of  the  peace,  on  complaint  ^°ac^  rou° 
of  the  master,  to  issue  his  warrant  to  the  sheriff  or  consta- 
ble, commanding  them  to  press  men,  if  necessary,  to  pur- 
sue such  apprentice,  and  bring  him  back  by  force,  at  the 
request  and  expense  of  the  master. 

SECT.  6.   It  shall  be  the  right  and  duty  of  the  parents,  How  to  Pr°- 
guardians,  and  of  the  select-men,  where  the  apprentices  are  mast'er^buse 
bound  by  them,  to  enquire  into  the  treatment  of  the  appren-  their  apprenti- 
tices  by  their  masters ;  and  if  they  find,  that  the  masters  are  ces- 
guilty  of  any  personal  cruelty  or  abuse  ;  or  refuse  to  pro- 
vide for  them  necessary  food  and  clothing  ;  or  neglect  to 
instruct  them  in  the  trade  or  business,  to  learn  which  they 
are  bound  apprentices ;  or  if  such  apprentices  shall  flee 
from  the  tyranny  and  cruelty  of  their  masters,  to  the  hous- 


320 


Title  64.     Masters  and  Servants. 


Binding  over. 


Trial  before 
county  court. 


Discharge 
from  service. 


Children  em- 
ployed in  fac- 
tories to  be 
taught   read- 
ing, writing 
and  arithme- 
tic. 


Board  of  visit- 
ors. 


Their  duties. 


es  of  any  of  the  inhabitants  in  the  same  town  ;  then,  in 
either  of  the  above  cases,  such  parents,  guardians  or  se- 
lect-men, shall  make  complaint  to  a  justice  of  the  peace 
in  the  town,  who  shall  cause  such  masters  and  apprentices 
to  come  before  him,  and  reconcile  them,  if  he  can,  and  if 
he  cannot,  he  may,  according  to  his  discretion,  bind  the 
master  to  appear  at  the  next  county  court,  and  also  the 
apprentice,  or  give  order  for  his  custody,  in  the  mean 
time,  and  for  his  appearance  at  said  court ;  which  court 
shall  have  power  to  enquire  into  the  matters  complained 
of,  and,  if  they  find  the  master  has  been  guilty  of  personal 
cruelty  and  abuse,  has  refused  to  furnish  the  apprentice 
necessary  food  and  clothing,  or  has  neglected  to  instruct 
him  in  his  trade  or  business,  they  may  discharge  the  ap- 
prentice from  the  service  of  the  master,  and  cancel  the 
indenture,  with  costs  against  the  master,  and  award  exe- 
cution accordingly  :  but  if  the  complaint  shall  be  found 
untrue,  and  without  probable  cause,  the  court  shall  award 
costs  to  the  master,  against  the  parent,  guardian  or 
select-men,  and  issue  execution  for  the  same. 

SECT.  7.  The  president  and  directors  of  all  factories, 
which  now  are,  or  hereafter  shall  be,  legally  incorporated, 
and  the  proprietor  or  proprietors  of  all  other  manufactur- 
ing establishments  in  this  state,  shall  cause  that  the  chil- 
dren employed  in  such  factory  or  establishment,  whether 
bound  by  indenture,  by  parol  agreement,  or  in  any  other 
manner,  be  taught  to  read  and  write,  and  also,  that  they 
be  instructed  in  the  four  first  rules  of  arithmetic  (provid- 
ed the  term  of  their  service  shall  be  of  so  long  duration 
that  such  instruction  can  be  given.)  and  that  due  attention 
be  paid  to  the  preservation  of  their  morals  ;  and  that  they 
be  required,  by  their  masters  or  employers,  regularly  to 
attend  public  worship. 

SECT.  8.  The  civil  authority  and  select-men  for  and  with- 
in such  towns  in  which  such  factories  or  manufacturing  es- 
tablishments, do  or  may  exist,  or  a  committee  by  them  ap- 
appointed,  shall  be,  and  they  are  hereby  constituted,  a 
board  of  visitors  ;  and  it  shall  be  the  duty  of  such  board  of 
visitors,  in  the  month  of  January,  annually,  or  at  such  other 
time  or  times  as  they  shall  appoint,  carefully  to  examine, 
and  to  ascertain  whether  the  requisitions  of  this  act,  which 
relate  to  the  instruction  and  the  preservation  of  the  mor- 
als of  the  children  employed  as  aforesaid,  be  duly  observ- 
ed :  and  if,  on  such  examination,  such  board  of  visitors 
shall  discover,  that  the  president  and  directors  of  any  in- 
corporated factory,  or  the  proprietor  or  proprietors  of  any 
manufacturing  establishment,  have  neglected  to  perform 
the  duties  enjoined  on  them  by  this  act,  such  board  of 
visitors  shall  report  such  neglect  to  the  next  county  court 


Title  64.     Masters  and  Servants.  321 

within  the  county  within  which  the  same  shall  have  oc- 
curred ;  and    thereupon,  such  county  court  shall  cause 
the  president  and  directors  of  such  incorporated  factory, 
or  the  proprietor  or  proprietors  of  such  manufacturing 
establishment,  to  appear  before  such  court,  to  answer  in 
the  premises  ;  and  if,  on  due  enquiry,  it  shall  be  found, 
that  such  president  and  directors,  or  the  proprietor  or 
proprietors  of  such  establishment,  do  not  duly  attend  to 
the  education  of  the  children  by  them  respectively  em- 
ployed, as  is  by  this  act  required  ;  or  that  due  attention 
is  not  paid  to  preserve  the  morals  of  such  children;  it  Powerofthe 
shall  be  the  duty  of  such  court,  and  they  are  hereby  au-  county  court 
thorized,  at  their  discretion,  either  to  discharge  the  in-  [natures56 
dentures  or  contracts,  relating  to  such  minors,  and  by  or  imposefine. 
which  they  may  be  bound   to  render  services  in  such  es- 
tablishments, or  they  may  impose  such  fine  or  forfeiture 
on  the  proprietor  or  proprietors  of  such  establishment  as 
they    may  consider   just  and  reasonable  :  Provided  the 
same  shall  not  exceed  the  sum  of  one  hundred  dollars. 

SECT.  9.  If  any  person  shall  entice  and  eloign  any  ap-  Penaltyforen- 
prentice,  whether  bound  by  indenture  or  otherwise,  from  ticing  appren- 
the  service  and  employment  of  his  master,  he  shall  forfeit  ticea> 
and  pay  to  the  person  or  persons  to  whom  such  appren- 
tice or  servant  was  bound  as  aforesaid,  not  exceeding  the 
sum  of  one  hundred  dollars,  to  be  recovered  before  any 
court  proper   to  try  the  same.     Provided,  that  nothing 
herein  contained  shall  be  construed  to  affect  the  right  of 
the  master  to  recover  just  damages  for  the  loss  of  the  ser- 
vice of  his  apprentice  or  servant. 

SECT.  10.  If  any  servant  or  apprentice,  employed  in  Apprentices 
any  incorporated  factory,  or  in  any  manufacturing  estab-  {Jbsp°j^infs  to 
lishment  as  aforesaid,  or  in  any  other  business,  shall,  with-  dama^  after 
out  sufficient  cause,  abscond  from  the  service  of  his  mas-  full  age. 
ter,  such  servant  or  apprentice,  when  he  shall  arrive  at 
full  age,  shall  be  subjected  and  become  responsible  for  all 
the  damage,  which  may  have  been  sustained  by  his  for- 
mer master  or  employer,  in  consequence  of  his  abscond- 
ing as  aforesaid  ;  any  law  to  the  contrary  notwithstand- 
ing. 


41 


322 


Title  65.     Medical  Societies. 


TITLE  65.     Medical  Societies. 


County  medi 
cal  societies. 


Officers. 


Delegates. 


Connecticut 
medical  con- 
vention. 


Officers. 


General  pow- 
ers. 


An  Act  to  incorporate  Medical  Societies,  and  to 
establish  the  Medical  Institution  of  Yale-Col- 
lege. 

1T1  E  it  enacted  by  the  Senate  and  House  of  Rep- 
JJ  re.sentatives,  in  General  Assembly  convened, 
That  the  physicians  and  surgeons  in  the  respective  coun- 
.  ties  in  the  state,  now  members  of  the  county  meetings, 
and  all  physicians  and  surgeons,  who  shall  hereafter  be 
licenced  to  practise,  pursuant  to  the  provisions  of  this 
act.  shall  constitute  county  medical  societies  ;  and  they 
and  their  successors  shall  be  and  remain  bodies  politic 
and  corporate,  to  be  known  and  called  by  the  name  of 
the  several  counties  to  which  they  belong,  and  shall  an- 
nually meet,  on  the  third  Monday  in  April,  at  such  places 
as  heretofore  have  been,  or  hereafter  shall  be,  designated 
by  them,  and  may  adjourn  from  time  to  time,  as  they 
shall  judge  expedient.  Each  county  medical  society 
shall,  at  their  annual  meeting,  elect  a  chairman,  and 
clerk,  and  such  other  officers  as  they  may  find  necessary, 
to  manage  the  concerns  of  the  society ;  and  shall  elect  five 
members  of  their  own  society,  except  the  counties  of 
Middlesex  and  Tolland,  and  in  those  counties,  three 
members,  each,  as  delegates  to  compose  a  convention  of 
said  societies.  Each  medical  society  shall  have  power 
to  adopt  such  regulations  as  they  may  think  proper,  to 
promote  medical  knowledge. 

SECT.  2.  The  delegates,  chosen  by  the  several  county 
medical  societies,  shall  meet,  on  the  second  Wednesday 
of  May,  annually,  at  such  place  as  has  been,  or  may 
hereafter  be,  designated  by  them,  twelve  of  whom  shall 
be  a  sufficient  number  to  transact  business  ;  and  shall 
have  power  to  choose,  by  ballot,  a  president,  vice-presi- 
dent, secretary,  treasurer,  and  such  other  officers  as  thej 
may  think  proper  ;  and  being  so  formed,  shall  be  known 
and  called  by  the  name  of  The  President  and  Fellows  of 
the  Connecticut  Medical  Convention,  and  shall  hold  their 
offices  for  the  term  of  one  year.  And  said  convention 
shall  have  power  to  make  by-laws  to  promote  the  objects 
of  the  institution,  not  repugnant  to  the  laws  of  the  United 
States,  or  of  this  state;  to  expel  any  of  their  members 
for  misconduct ;  to  have  a  common  seal,  and  the  same  to 
alter  at  pleasure ;  to  sue  and  be  sued,  as  a  corporate 
body,  relative  to  their  rights  and  interests ;  to  lay  a  tax 
upon  the  members  of  the  county  medical  societies,  not 


Title  65.     Medical  Societies.  323 

exceeding  two  dollars  each,  to  be  collected  by  their 
clerks  ;  to  dispose  of  the  money  received,  by  taxes  or 
otherwise,  in  such  manner  as  they  may  think  proper,  to 
promote  the  design  of  the  institution  ;  to  purchase  and 
hold  property,  either  real  or  personal,  to  an  amount  not 
exceeding  one  hundred  thousand  dollars ;  and  to  manage 
and  dispose  of  the  same,  as  they  may  judge  best  for  the 
interest  of  the  institution. 

SECT.  3.  It  shall  be  the  duty  of  the  several  members  of  Duty  of  mem- 
the  county  medical  societies,  to  communicate  useful  in-  bers  of  county 
formation  to  such  societies,  at  their  meetings  ;  and  such  ™ees  !°a 
societies  shall  transmit  the  same  to  the  convention  :  and  of 
it  shall  be  duty  of  the  convention  to  cause  to  be  publish-  tjeg . 
ed  all  cases,  experiments  and  observations,  respecting  an(j0ftneco 
the  diseases  of  the  country,  which  may  be  of  practical  Ventk»n.  ° 
use. 

SECT.  4.  The  election  of  the  officers,  of  t  ne  medical  Who  are  eli- 
convention  shall  not  be  confined  to  the  members  thereof,  gible  as  offi- 
but  may  be  from  any  of  the  medical  societies ;  and  the  cers' 
officers  so  chosen  shall  become  members  of  the  medical 
convention.     The   president,  or  on  his  death,  or  in  his 
absence,  the  vice-president,  shall,  upon  any  special  oc- 
casion, have  power  to  call  a  meeting  of  the  convention, 
at  such  time  and  place  as  he   may  think  proper,  upon  ed. 
giving  twenty  days'  notice  in  two  gazettes,  published  in 
this  state. 

SECT.  5.  No  physician  or  surgeon,  who  has  commenced  Unlicensed 
practice  since  May  one  thousand  eight  hundred,  or  who  shall  practitioners 
hereafter  commence  practice,  shall  be  entitled  by  law  to 
recover  any  debt  or  fees  for  such  practice,  unless  he  has 
been  duly  licenced,  by  some  medical  society,  or  college 
of  physicians. 

SECT.  6.  If  any  of  the  collectors  of  taxes  in  the  county  Reme(1 
medical  societies,  granted  by  the  Connecticut  medical  against  delin- 
convention,  shall  neglect  or  refuse  to  collect  the  tax,  quent  collect- 
entrusted  to  his  collection,  by  the  time  the  same  is  made  ors  of  taxes- 
payable,  or  having  collected  the  same,  shall  neglect  or 
refuse  to  pay  it  to  the  treasurer  of  the  medical  convention, 
such  treasurer  may  cause  a  suit  or  suits  to  be  instituted 
against  such  delinquent  collector",  in  the   name  of  the 
president  and  fellows  of  said  convention,  before  any  court 
proper  to  try  the  same,  and  the  same  to  pursue  to  final 
judgment. 

SECT.  7.  The  medical  institution,  established  in  Yale-   The  medical 
College,  pursuant  to  an  agreement  between  the  president  institution  of 

and  fellows  of  the  medical  convention,  and  the  president  Jale-c°llege> 
i    r  11  r  \;    i     n    ii  i  declared  a  cor- 

and  fellows  ol  Yale-College,  is  hereby  declared  to  be  a  poration. 
body  politic  and  corporate,  to  be  known  and  acknowl- 


324  Title  t>5.     Medical  Societies, 

edged  by  (he  name  of  The  Medical  Institution  of  Yale- 
College. 

Professors.  SECT.  8.    The   institution    shall  include   a    complete 

course  of  medical  science,  to  consist  of  four  professors  ; 
the  first,  of  chemistry  and  pharmacy  ;  the  second,  of  the 
theory  and  practice  of  medicine  ;  the  third,  of  anatomy, 
surgery  and  midwifery  ;  the  fourth,  of  materia  medica,  and 
How  chosen,  botany.  And  there  shall  be  a  joint  committee,  of  an  equal 
number  of  persons,  appointed  by  the  medical  conven- 
tion and  the  corporation  of  Yale-College,  who  shall  make 
a  nomination,  from  which  nomination  the  aforesaid  profes- 
sors shall  be  chosen  by  the  corporation. 

Cabinet  of  an-       SECT.  9.  A  cabinet  of  anatomical  preparations,  includ- 
aanTtioi  .pre~  ing  all  things  usually  found  in  a  collection  of  this  nature  ; 
^collection  of  and  a  collection  of  specimens  in  the  materia  medica,  shall 
specimens ;       be  provided  ;  and  a  botanical  garden  shall  be  established, 
and  a  botani-  as  soon  as  tne  fun(js  of  the  college  will  allow, 
be  established!       SECT-   10-  Every  medical  student  shall  be  required  to 
Qualifications    attend  the  study  of  physic  and  surgery,  with  some  medical 
of  medical  stu-  or  chirurgical  professor  or  practitioner,  of  respectable 
dents  for  ex-     standing,  for  two  years,  provided  he  shall  have  been 
animation  for    grac|uated  at  some  college  ;   otherwise,  three  years  ;  and 
to  have  arrived  at  the  age  of  twenty-one  years.     And 
every  medical  student  shall  attend  one  course  of  each  of 
the  above  systems  of  lectures,  under  the  professors  of 
the  medical  institution  of  Yale-College,  or  some  other 
public  medical  institution,  previous  to  his  being  admitted 
to  an  examination  for  a  licence  ;  and  the  course  of  lec- 
tures he  is  required  to  attend,  may  be  included  within  the 
Proviso,  term  he  is  required  to  study.     Provided,  that  upon  the 

HH  t0  jnviieg"  recommendation  of  the  county  medical  societies,  respect- 
ively, one  meritorious  and  necessitous  person  from  each 
county  shall  annually  be  allowed  the  privilege  of  attend- 
ing one  course  of  each  of  the  above  lectures,  gratis.  And 
if  any  of  the  county  medical  societies  should  fail  to  re- 
commend as  above,  the  medical  convention  may  fill  up  the 
vacancy.  It  shall  be  the  duty  of  the  county  medical  socie- 
ties to  report  to  the  medical  convention  of  the  state,  the 
names  of  the  persons,  whom  they  shall  agree  to  recom- 
mend;  and  the  president  of  said  convention  shall  transmit 
said  names,  together  with  such  as  the  medical  convention 
may  add,  agreeably  to  the  above  provision,  to  the  medical 
Price  of  tick-  professors  of  Yale-College.  And  the  price  of  the  ticket, 
et  limited.  for  the  whole  of  the  above  course  of  lectures,  shall  not 

exceed  fifty  dollars. 

Committee  of       SECT.  11.  The  committee  of  examination  for  the  prac- 

examination.     tice  of  physic  and  surgery,  shall  consist  of  the  professors 

of  the  medical  institution,  and  an  equal  number  of  .he 

members  of  the  medical  societies,  appointed  by  the  med- 


Title  65.     Medical  Societies.  325 

ical  convention ;  and  the  president  of  the  medical  con- 
vention shall,  ex  officio,  be  president  of  the  examining 
committee,  with  a  vote  at  all  times,  and  a  casting  vote, 
when  the  votes  are  equal  :  and  in  case  of  the  absence  of 
the  president,  a  president  pro  tempore  shall  be  appointed, 
by  the  members  of  the  examining  committee,  appointed 
by  the  medical  convention,  with  the  same  powers  ;  which 
committee,  or  a  majority  of  them,  shall  possess  the  pow- 
er, and  they  only,  of  examining  for  a  licence.     All  licen-  Licences,  how 
ces  to  practice  physic  or  surgery,  shall  be  signed  by  the  slSned- 
president  of  the  medical  convention,  and  countersigned 
by  the  committee,  or  a  majority  of  them  :  and  the  fees  or  Fees  for  licen- 
perquisites  for  admitting  or  licensing  any  candidate  to  cingcandi- 
practise  physic  or  surgery,  shall  not  exceed  four  dollars,  date> 
which  shall  be  paid  to  the  treasurer  of  the  medical  con- 
vention, for  the  benefit  of  the  same. 

SECT.  12.  Each  candidate  for  the  degree  of  doctor  of  Qualifications 
medicine,  shall  be  required  to  attend  two  courses  of  the  of  candidates 
above  systems  of  lectures,  at  the  medical  institution  of  forthedegree 
xr  i  r~\  ii  \i_  11-  i-  i  •  •  •  of  doctor  of 

Yale-College,  or  at  some  other  public  medical  institution,  medicine. 

where  a  similar  course  of  public  instruction  is  pursued  ; 
which  degree,  upon  the  recommendation  of  the  commit- 
tee of  examination,  shall  be  conferred  by  the  president  of 
the  college,  and  the  diploma  signed  by  him,  and  counter- 
signed by  the  committee,  or  the  majority  of  them.     And 
the  president  of  the  college  shall  have  power  to  confer  Honorary  de- 
such  honorary  degrees  upon  those  persons  whom  the  med-  °rees> 
ical  convention  shall  recommend,  as  deserving  of  so  dis- 
tinguished a  mark  of  respect. 

SECT.  13.  For  the  accommodation,  both  of  the  students  Examination, 
and  of  the  committee,  there  shall  be  but  one  examination 
a  year,  which  shall  be  immediately  after  the  close  of  the 
courses  of  lectures.  When  a  candidate  is  prevented,  by 
sickness,  he  may  be  examined  by  theWedical  professors 
at  college  ;  and  such  examination,  with  their  certificate 
thereof,  shall  entitle  him  to  the  same  privileges  as  though 
his  examination  had  been  by  said  committee. 

SECT.  14.  All  medical  students,  who  shall  have  attend-  p  .  .. 
ed  two  courses  of  lectures   in  the  medical  institution,  stu'dentfhav- 
shall  have  the  privilege  of  attending  all  future  courses,  ing  attended 
gratis.     And  all  persons  licenced  to  practise  physic  or  £T°  courses- 
surgery,  agreeably  to  the  foregoing  provisions,  shall,  of  practitioner?, 
course,  be  members  of  the  medical  society  in  the  county  members  of 
in  which  they  reside.  medical  soci- 

ety. 


326 


Title  66.     Meetings. 


TITLE  66.     Meetings. 
CHAP.  I. 

An  Act  to  preserve   Order  in  the  Meetings  of 
Towns  and  other  Communities. 


SECT.   1. 


Disturbance 
in  meetings, 
how  punished. 


Aggravated 
offences. 


Moderator 
may  order 
persons  guilty 
of  disturbance 
into  custody. 


Power  of  of- 

ricer. 


Proviso. 


E  it  enacted  by  the  Senate  and  House  of  Rep- 
1  resentatives,  in  General  Assembly  convened, 
That  all  towns,  societies,  and  other  communities,  when 
lawfully  assembled,  shall  have  power  to  choose  a  mode- 
rator to  preside  in  said  meetings  :  and  if  any  person  or 
persons  shall,  by  noise,  tumult,  quarelling,  or  by  any  oth- 
er unlawful  act,  disturb  such  meeting  ;  or  prevent  them 
from  proceeding,  in  an  orderly  and  peaceable  manner, 
to  the  choice  of  a  moderator  ;  or,  after  the  choice  of  a 
moderator,  shall  vilify  or  abuse  him,  or  interrupt  him  in 
the  discharge  of  his  duty  ;  or,  after  he  has  commanded  si- 
lence, shall  speak  in  the  meeting,  without  liberty  from 
the  moderator,  unless  it  be  to  ask  reasonable  liberty  to 
speak  ;  he  or  they  shall  forfeit  and  pay  to  the  treasury  of 
the  town  where  the  offence  is  committed,  a  sum  not  less 
than  one  dollar,  nor  more  than  seven  dollars,  according 
to  the  nature  of  the  offence. 

SECT.  2.  All  offences  against  this  act  may  be  heard 
and  determined,  by  a  justice  of  the  peace,  unless  aggra- 
vated by  some  high-handed  breach  of  the  peace  ;  in  which 
case,  the  offender  shall  be  bound,  by  such  justice  of  the 
peace,  to  the  next  county  court,  to  answer  for  the  offence  ; 
which  court  may  impose  a  tine  upon  him,  according  to 
the  aggravation  ^f  the  offence,  not  exceeding  thirty-four 
dollars,  to  the  i^c  ^  f  the  treasury  of  such  county. 

SECT.  3.  The  moderator  of  such  meetings,  and  the  pre- 
siding officer  in  electors'  meetings,  whenever  any  disor- 
ders are  committed  in  the  meeting,  punishable  by  law, 
and  the  offender  or  offenders  shall  refuse  to  submit  to  his 
lawful  authorit^jfshall  have  power  to  order  any  sheriff, 
deputy-sheriff,  or  constable,  to  take  the  offender  or  of- 
fenders into  custody,  and,  if  necessary,  to  remove  him  or 
them  out  o&uch  meeting,  until  he  or  they  shall  conform 
to  order,  offifneed  be,  until  such  meeting  be  closed  :  and 
thereupon,  such  officer  shall  have  power  to  command  all 
necessary  assistance,  as  in  cases  of  preserving  the  peace 
and  suppressing  riots  :  and  any  person  refusing  to  assist, 
when  commanded,  shall  be  liable  to  the  same  penalties 
as  for  refusing  to  assist  sheriffs  and  constables  in  the  exe- 
cution of  their  offices  :  provided,  that  no  person  com- 


Title  66.     Meetings.  327 

manded  to  assist  shall  be  deprived  of  his  right  to  act  in 
the  meetings,  nor  the  offenders,  any  longer  than  they  re- 
fuse to  conform  to  order. 

SECT.  4.  All  questions  in  such  meetings  shall  be  deci-  All  questions 
ded  by  a  major  vote  of  the  qualified  members  present ;  jj>  "JJ^^J 
and  whenever  there  shall  be  an  equi-vote,  the  question    3 
shall  be  decided  by  the  moderator. 

CHAP.  II. 

An  Act  to  prevent  the  disturbance  of  Religious 
Meetings. 

T>  E  it  enacted  by  the  Senate  and  House  of  Rep - 
Jj  resentatives,  in  General  Assembly  convened, 

That  no  person  or  persons  shall  keep  any  huckster's  shop,  Sale  of  spirit- 
booth,  tent,  waggon,  or  other  carriage,   for  the  sale  of  ^u1-^" 
spiritous  or  other  liquors,  or  any  articles  of  provisions,  ^thin'two 
whatever,  or  sell,  or  expose  to  sale,  in  such  huckster's  miles  of  reli- 
shop,  booth,  tent,  waggon,  carriage,  or  in  any  other  way.  gious  meetings 
any  spiritous  or  other  liquors,  or  any  articles  of  provision, 
whatever,  within  the  distance  of  two  miles  from  any  pub- 
lic assembly,  convened  for  religious  worship  in  the  field. 
Provided,  that  nothing  herein  contained,  shall  prevent  the  Limitation, 
sale  of  spiritous  or  other  liquors,  or  provisions,  by  any 
person  or  persons,  at  his  or  their  store  or  dwelling-house, 
who  shall  be  licenced  according  to  law  to  retail  spiritous 
liquors. 

SECT.  2.  Any  person  or  persons,  who  shall  be  guilty  penalty  for 
of  a  breach  of  this  act.  shall  forfeit  and  pay,  for  every  breach  of  this- 
such  offence,  a  fine  of  seven  dollars,  to»»the  use  of  the  act 
treasury  of  the  town  where  such  offen^jp  is  committed  : 
and  it  shall  be  the  duty  of  grand-juror*'^  .iiake  due  pre- 
sentment of  all  breaches  of  this  act. 

SECT.  .3.  It  shall  be  the  duty  of  all  sheriffs,  constables,  informing  of- 
grand-jurors,  or  tything-men,  upon  view,  without  war-  ficers,  upon 
rant,  to  apprehend  every  person  so  offending,  and  him  or  view»  without 
them  to  carry  before  the  next  justice  of  th^ieace,  that  be  T^prehe'nd^f' 
or  they  may  be  dealt  with  according  to  iaw.     And  the  jus-  tenders, 
tice  of  the  peace,  before  whom  such  person  or  persons  are  Process  therp- 
brought,  shall,  on  the  oath  of  the  oliicer  apprehending  on. 
him  or  them,  issue  a  warrant,  and  cause  him  or  them  to 
be  arrested,  and  proceed  to  a  hearing  and  trial  of  such 
matter  of  complaint,  in  due  course  of  law. 


328  Title  67.     Militia. 


TITLE  67.    Militia. 

An  Act  for  forming  and  conducting  the  Military 
Force. 

Whereas  the  congress  of  the  United  States  did,  on  the  eighth 
day  of  May,  in  the  year  one  thousand  seven  hundred 
gress°recited.  and  ninety-two,  pass  an  act,  entitled  "  An  act  more  ef- 
fectually to  provide  for  the  national  defence,  by  estab- 
lishing an  uniform  militia  throughout  the  United 
States,"  and  on  the  twelfth  of  May,  one  thousand  eight 
hundred  and  twenty,  passed  an  additional  act,  which 
first  mentioned  act,  as  altered  by  said  additional  act, 
is  in  the  words  following,  to  wit : — 

j     ~|3  E  it  enacted  by  the  Senate  and  House  of  Re- 
JD  presentatives  of  the  United  States  of  Ameri- 
ca, in  Congress  assembled,  That  each  and  every  free,  able 
What  persons  bodied  white  male  citizen  of  the  respective  states,  resi- 
to  be  enrolled;  dent  therein,  who  is  or  shall  be  of  the  age  of  eighteen 
years,  and  under  the  age  of  forty-five  years,  (except  as  is 
hereinafter  excepted,)  shall,  severally  and  respectively, 
and  bywhon^  ^e  enrolled  in  the  militia,  by  the  captain,  or  commanding 
officer  of  the  company,  within  whose  bounds  such  citizen 
shall  reside,  and  that  within  twelve  months  after  the  pass- 
ing of  this  act.     And  it  shall,  at  all  times  hereafter,  be  the 
'duty  of  every  such  captain  or  commanding  officer  of  a  com- 
.    pany,  to  enrol  every  such  citizen,  as  aforesaid,  and  also 
those  who  shall,  from  time  to  time,  arrive  at  the  age  of 
eighteen  years,  or  being  of  the  age  of  eighteen  years  and 
under  the  age  of  forty-five  years,  (except  as  before  ex- 
cepted.)  shall  come  to   reside  within  his  bounds  ;  and 
Notice  of  en-    snaN>  without  delay,  notify  such  citizen  of  the  said  enrol- 
rolmenttobe     ment,  by  a  proper  non-commissioned-officer  of  the  corn- 
given,  pany,  by  whom  such  notice  may  be  proved.     That  every 
citizen  so  enrolled  and  notified,  shall,  within  six  months 
Anns  and  ac-    thereafter,  provide  himself  with  a  good  musket,  or  fire- 
coutrements.     lock,  a  sufficient  bayonet  and  belt,  two  spare  flints,  and  a 
knapsack,  a  pouch,  with  a  box  therein  to  contain  not  less 
than  twenty-four  cartridges,  suited  to  the  bore  of  his  mus- 
ket or  firelock,  each  cartridge  to  contain  a  proper  quanti- 
ty of  powder  and  ball ;  or,  with  a  good  rifle,  knapsack, 
shot-pouch,  and  powder-horn,  twenty  balls  suited  to  the 
bore  of  his  rifle,  and  a  quarter  of  a  pound  of  powder  :  and 
shall  appear,  so  armed,  accoutred,  and  provided,  when 
called  out  to  exercise,  or  into  service  ;  except,  that  when 
called  out,  on  company  days,  to  exercise  only,  he  may  ap- 


Title  67.     Militia.  329 

pear  without  a  knapsack.     That  the  commissioned  offi-  Commissioned 

cers  shall,  severally,  be  armed  with  a  sword  or  hanger,  '     how 

and  espontoon  ;  and  that,  from  and  after  five  years  from 

the  passing  of  this  act,  all  muskets  for  arming  the  militia, 

as  herein  required,  shall  be  of  bores  sufficient  for  balls  of  Muskets,    of 

the  eighteenth  part  of  a  pound.     And  every  citizen  so  en-  v 

rolled,  and  providing  himself  with  the  arms,  ammunition,  £rm9>  &c-  to 

and  accoutrements,  required  as  aforesaid,  shall  hold  the  from  e^cu- 

same  exempted  from  all  suits,  distresses,  executions,  or  tion. 

sales,  for  debt,  or  for  the  payment  of  taxes. 

SECT.  2.  And  be  it  further  enacted,  That  the  vice-pres-  Persons  ex- 
identofthe  United  States ;  the  officers,  judicial  and  ex-  emPl  from 
ecutive,  of  the  government  of  the  United  States ;  the  m 
members  of  both  houses  of  congress,  and  their  respective 
officers  ;  all  custom-house  officers,  with  their  clerks  ;  all 
post-officers,  and  stage  drivers,  who  are  employed  in  the 
care  and  conveyance  of  the  mail  of  the  post-office  of  the 
United  States ;  all  ferry-men  employed  at  any  ferry  on 
the  post  road ;  all  inspectors  of  exports  ;  all  pilots ;  all 
mariners,  actually  employed  in  the  sea  service  of  any 
citizen  or  merchant  within  the  United  States  ;  and  all 
persons,  who  now  are,  or  may  hereafter  be,  exempted  by 
the  laws  of  the  respective  states,  shall  be,  and  are  here- 
by, exempted  from  militia  duty,  notwithstanding  their  be- 
ing above  the  age  of  eighteen,  and  under  the  age  of  forty- 
live  years. 

SECT.  3.  And  be  it  further  enacted,  That  within  one  Militia,  how  to 
year  after  the  passing  of  this  act,  the  militia  of  the  re-  be  arranged, 
spective  states,  shall  be  arranged  into  divisions,  brigades, 
regiments,"  battalions,  and  companies,   as  the  legislature 
of  each  state  shall  direct ;  and  each  division,  brigade,  and 
regiment,  shall  be  numbered  at  the   formation  thereof, 
and  a  record  made  of  such  numbers  in  the  adjutant-gen-  Rank,howde- 
eral's  office  in  the  state  ;  and  when  in  the  field,  or  in  termined. 
service  in  the  state,  each  division,  brigade  and  regiment, 
shall,  respectively,  take  rank  according  to  their  numbers, 
reckoning  the  first  or  lowest  number,  highest  in  rank ; 
that,  if  the  same  be  convenient,  each  brigade  shall  con- 
sist of  four  regiments,  each  regiment  of  two  battalions, 
each  battalion  of  five  companies,  each  company  of  sixty- 
four  privates :  That  the  said  militia  shall  be  officered,  by  jjow  to  be 
the   respective  states,  as  follows :  to  each  division,  one  officered, 
major-general,  and  two  ai-ls-de-camp,  with  the  rank  of 
major ;  to  each  brigade,  one  brigadier-general,  with  one 
brigade-inspector,  to  serve  also  as  brigade-major,  with  the 
rank  of  a  major;  to  each  regiment,  one  lieutenant-colonel 
commandant ;  and  to  each  battalion,  one  major  ;  to  each 
company,  one  captain,  one  lieutenant,  one  ensign,  four 
sergeants,  four  corporals,  one  drummer,  and  one  fifer  or 
42 


330 


Title  VI. 


Regimental 


Grenadiers, 


Artillery,  &c. 
how  officered 


Troopofhorse, 

how  officered 

and  equipped, 


Artillery  and 

of^mt 

be  formed. 


To  be  clothed 
in  uniform. 


Colours. 


Drumandfife, 
or  bugle-horn, 

Adjutant-gen- 
u  y' 


bugler  :  That  there  shall  be  a  regimental  staff,  to  consist 
of  one  adjutant,  and  one  quarter-  master,  to  rank  as  lieu- 
tenants ;  one  pay-master  ;  one  surgeon,  and  one  surgeon's 
mate  ;  one  sergeant-major  ;  one  drum-major  ;  and  one 
fife-major. 

SECT.  4.  And  be  it  further  enacted,  That  out  of  the  mi- 
litia  enrolled  as  is  herein  directed,  there  shall  be  formed. 
for  each  battalion,  at  least  one  company  of  grenadiers, 
light-infantry  or  rifle-men  ;  and  that  to  each  division, 
there  shall  be,  at  least,  one  compa<  y  of  artillery,  and  one 
troop  of  horse.  There  shall  be  to  each  company  of  ar- 
tillery, one  captain,  two  lieutenants,  four  sergeants,  four 
corporals,  six  gunners,  six  bombardiers,  one  drummer 
and  one  fifer  ;  the  officers  to  be  armed  with  a  sword  or 
hanger,  a  fusee,  bayonet  and  belt,  with  a  cartridge  box,  to 
contain  twelve  cartridges  :  and  each  private  or  matross, 
shall  furnish  himself  with  all  the  equipments  of  a  private 
in  the  infantry,  until  proper  ordnance  and  field  artillery 
js  provided.  There  shall  be  to  each  troop  of  horse,  one 

...  .     .  '  ~ 

captain,  two  lieutenants,  one  cornet,  four  sergeants,  four 
corporals,  one  saddler,  one  farrier,  and  one  trumpeter; 
the  commissioned  officers  to  furnish  themselves  with  good 
horses,  of  at  least  fourteen  hands  and  an  half  high,  and 
to  be  armed  with  a  sword  and  pair  of  pistols,  the  hol- 
sters of  which  to  be  covered  with  bear-skin  caps  ;  each 
dragoon  to  furnish  himself  with  a  serviceable  horse,  at 
least  fourteen  hands  and  an  half  high,  a  good  saddle, 
bridle,  mail-pillion  and  valice,  holsters,  and  a  breast-plate 
and  crupper,  a  pair  of  boots  and  spurs,  a  pair  of  pistols, 
a  sabre,  and  a  cartouch-box,  to  contain  twelve  cartridges 
for  pistols  :  That  each  company  of  artillery,  and  troop  of 
horse'  sbal!  be  formed  of  volunteers  from  the  brigade,  at 
the  discretion  of  the  commander  in  chief  of  the  state,  not 
exceeding  one  company  of  each  to  a  regiment,  nor  mote 
in  number  than  one  eleventh  part  of  the  infantry,  and  shall 
De  uniformly  clothed  in  regimentals,  to  be  furnished  at 
their  own  expense,  the  colour  and  fashion  to  be  determin- 
ed by  the  brigadier,  commanding  the  brigade  to  which 
they  belong. 

SE-  T.  5.  And  be  it  further  enacted,  That  each  battalion 
and  regiment  shall  be  provided  with  the  state  and  regimen- 
tal colours,  by  the  field  officers  ;  and  each  company,  with 
a  drum  and  fife,  or  bugle-horn,  by  the  commissioned 
officers  of  the  company  ;  in  such  manner  as  the  legisla- 
ture of  the  respective  states  shali  direct. 

SECT.  e.  And  be  it  further  enacitd.  That  there  shall  be 
an  adjutant-general  appointed  in  each  state,  whose  duty 
it  shall  be,  to  distribute  all  orders  from  the  commander  in 
chief  of  the  slate,  to  the  several  corps  ;  to  attend  all  public 


Title  67.     Militia.  .  331 

reviews,  when  the  commander  in  chief  of  the  state  shall 
review  the  militia,  or  any  part  thereof;  to  obey  all  orders 
from  him,  relative  to  carrying  into  execution  and  per- 
fecting the  system  of  military  discipline  established  by 
this  act ;  to  furnish  blank  forms  of  different  returns  that 
may  be  required,  and  to  explain  the  principles  on  which 
they  should  be  made  ;  to  receive  from  the  several  officers 
of  the  different  corps,  throughout  the  state,  returns  of 
the  militia  under  their  command,  reporting  the  actual 
situation  of  their  arms,  accoutrements,  and  ammunition, 
their  delinquencies,  and  every  other  thing  which  relates 
to  the  general  advancement  of  good  order  and  discipline: 
All  which,  the  several  officers  of  the  divisions,  brigades, 
regiments  and  battalions,  are  hereby  required  to  make, 
in  the  usual  manner,  so  that  the  said  adjutant-general  may 
be  duly  furnished  therewith ;  from  all  which  returns  he 
shall  make  proper  abstracts,  and  lay  the  same,  annually, 
before  the  commander  in  chief  of  the  state. 

SECT.  7.  And  be  it  further  enacted.  That  <he  system  of 
discipline  and  field  exercise,  which  is  and  shall  be  ordered  ° 

to  be  observed  by  the  regular  army  of  the  United  States, 
in  the  different  corps  of  infantry,  artillery,  and  rifle-men, 
shall  also  be  observed  by  the  militia,  in  the  exercise  and 
discipline  of  the  said  corps,  respectively,  throughout  the 
United  States,  excepting  such  deviations  from  the  said 
rules,  as  may  be  rendered  necessary  by  the  requisitions 
of  this  act,  or  by  some  other  unavoidable  circumstances. 
It  shall  be  the  duty  of  the  commanding  officer,  at  every 
muster,  whether  by  battalion,  regiment,  or  single  compa-  Dutj 
ny,  to  cause  the  militia  to  be  exercised  and  trained,  agree- 
ably  to  said  rules  of  discipline.  thereto. 

SECT.  8.  And  be  it  further  enacted,  That  all  commis-  officers,  how 
sioned  officers  shall  take  rank  according  to  the  date  of  totake'rank. 
their  commissions  ;  and  when  two  of  the  same  grade  bear 
an  equal  date,  then  their  rank  to  be  determined  by  lot, 
to  be  drawn  by  them  before  the  commanding  officer  of 
the  brigade,  regiment,    battalion,  company  or  detach- 
ment. 

SECT.  9.  And  be  it  further  enacted,  That  if  any  person,  Provision  for 
whether  officer  or  soldier,  belonging  to  the  militia  of  any  the  wounded, 
state,  and  called  out  into  the    service   of    the  U«ited  or  disabled. 
States,  be  wounded  or  disabled,  while  in  actual  service, 
he  shall  be  taken  care  of,  and  provided  for,  at  the  public 
expense. 

SECT.  10.  And  be  it  further  enacted,  That  it  shall  be  Brigade-in- 
ths  duty  of  the  brigade-inspector  to  attend   the  regimen-  specter's  duty 
tal  and  battalion  meetings  of  the  militia,  composing  their 
several  brigades,  during  the  time   of  their  being  under 
arms,  to  inspect  their  arms,  ammunition  and  accoutre- 


332  .  Title  67.     Militia. 

ments,  superintend  their  exercise  and  manoeuvres,  and 
introduce  the  system  of  military  discipline  before  de- 
scribed, throughout  the  brigade,  agreeably  to  law ;  and 
such  orders  as  they  shall  from  time  to  time  receive  from 
the  commander  in  chief  of  the  state;  to  make  returns  to 
the  adjutant -general  of  the  state,  at  least  once  in  every 
year,  of  the  militia  of  the  brigade  to  which  he  belongs  ; 
reporting  therein  the  actual  situation  of  the  arms,  accou- 
trements, and  ammunition,  of  the  several  corps,  and  ev- 
ery other  thing,  which,  in  his  judgment,  may  relate  to 
their  government  and  the  general  advancement  of  good 
Adjutantgene-  order  and  military  discipline ;  and  the  adjutant-general 
shall  make  a  return  of  all  the  militia  of  the  state,  to  the 
commander  in  chief  of  the  said  state,  and  a  duplicate  of 
the  same  to  the  president  of  the  United  States.  And 
&c.  now  exist-  whereas  sundry  corps  of  artillery,  cavalry,  and  infantry, 
ingj  now  exist  in  several  of  the  said  states,  which,  by  the  laws, 

customs,  or  usages  thereof,   have  not  been  incorporated 
with,  or  subject  to,  the  general  regulations  of  the  militia  : 
to  retain  their       SECT.  11.  Be  it  further  enacted,  That  such  corps  retain 
arivileTsed      their  accustomed  privileges,  subject,  nevertheless,  to  all 
other  duties  required  by  this  act,  in  like  manner  with  the 
other  militia. 

Now,  therefore,  to  carry  the  same  into  execution,  agree- 
bly  to  the  requirements  thereof: — 

•  •K  it  enacted  by  the  Senate  and  House  of  Rcpre- 
*  Jj  sentatives,  in  General  Assembly  convened,  That 
Militia,  of       every  free,  able-bodied  white  male  citizen  of  this  state, 
Wos°e^  C0m       or   resident  therein,  who  is  or  shall   be  of  the  age  of 
eighteen,  and  under  the  age  of  forty-five  years,  except  as 
Persons  ex-      is  therein  specially  excepted  ;  excepting,  also,  members 
emptedfrom     of  the  senate,  and  of  the  house  of  representatives,  for 
military  duty.  t}le  time  being  .  the  gtate  treasurer,  secretary  and  comp- 
troller ;  justices  of  the  peace  ;  licenced  physicians  and 
surgeons,  while  they  continue  in  practice ;  general  and 
field  officers,  honorably  discharged;  commissioned  and  staff 
officers,  who  have  heretofore  been  honorably  discharged, 
having  served  in  the  office  from  which  they  shall  have  been 
discharged,  five  years,   or  having  held  commissions  or 
warrants,  as  staff  officers,  eight  years ;  all  commissioned 
and  staff  officers,  holding  commissions  under  this  state, 
who  have  been,  or  shall  be,  honorably  discharged,   in 
consequence  of  their  term  of  service  having  expired,  or 
in  consequence  of  a  reorganization  of  the  militia  ;  min- 
isters of  the  gospel ;  the  president,  professors  and  tutors  of 
Yale-College  ;  graduates  residing  in  New-Haven,  subject 
to  the  laws,  and  under  the  instruction  oC  the  officers  of 


Title  67.     Militia.  333 

the  college,  until  the  time  of  their  taking  their  second  de- 
gree, and  students  until  the  time  of  their  taking  their  first 
degree  ;  and  all  persons,  not  inhabitants  of  this  state,  who 
shall  come  to  reside  in  this  state,  for  the  purpose  of  qualify- 
ing themselves  for  collegiate  education,  or  for  entering  into 
either  of  the  learned  professions,  while  they  shall  continue 
under  the  care  of  their  respective  instructors,  not  exceed- 
ing two  years  ;  shall  be  enrolled  in  companies  as  therein 
directed  ;   and  a  soldier,  once  enrolled  in  any  company,  A  soldier  onct 
having  had  six  months'  notice  to  equip  himself,  and  after-  enrolled,  after- 
wards  moving  into  the  limits  of  any  other  company,  shall  ^tobe™ub- 
be  subject  to  military  duty,  in  the  company  where  he  re-  ject  to  military 
sides,  immediately  upon  being  warned.     And  all  persons  duty  immedi- 
who  are,  or  hereafter  shall  be,  by  law,  exempted  from  per-  ExempU  join- 
forming  military  duty,  who  shall  voluntarily  join,  and  be-  ing  a  military 
come  members  of  any  military  company,  shall,  there-  company,    to 
after,  be  and  remain  liable  to  perform  such  duty,  in  the  ^^t^miX 
same  manner,  and  for  the  same  period,  as  if  they  had  taryduty. 
never  been  exempted  therefrom. 

SECT.  2.  All  tavern  keepers,  keepers  of  boarding-hous-  Tavern-keep- 
es,  or  persons  who  keep  boarders,  upon  their  being  there-  ers,  fec.togire 
to  required,  by  the  commander  of  the  militia  company,  o/thei^board- 
within  the  limits  of  which  they  reside,  shall  give  to  such  Crs. 
commander,  a  true  account  of  all  persons  boarding  or 
lodging  with  him,  her  or  them,  and  their  names,  if  known, 
to  the  end  that  all  such  persons  as  are  liable  to  do  mili- 
tary duty,  may  be  enrolled  according  to  law  ;  under  the  Penalty, 
penalty  of  twenty  dollars,  to  be  recovered  of  such  tav- 
ern-keeper, keeper  of  a  boarding-house,  or  person  keep- 
ing boarders,  for  the  use  of  this  state.     And  it  shall  be  informing  offi- 
the  duty  of  all  informing  officers,  to  make  due  present-  cers  to  present 
ment  of  all  breaches  of  this  section.  breaches. 

SEct.  3.  Any  able-bodied,  free,  white,  male  citizen  res-  r 
.,      ,  .       .-.        J.         f,  c   •    1  Enrolment  of 

ident  in  misstate,  01  theage  of  sixteenyears,  and  under  the  minors    be- 
the  age  of  eighteen  years,  with  the  consent  in  writing  of  tween  16  and 
the  parent,  guardian  or  master,  under  whose  care  and  18Jears- 
direction  he  shall  be,  may  ofFer  himself  to  the  comman- 
der of  the  company,  within  the  limits  of  which  he  resides, 
to  be  enrolled  ;  and  upon  his  providing  himself,  within 
six  months  thereafter,  with  arms  and  accoutrements,  and 
dressing  in  uniform,  he  shall  be  considered  as  belonging  to 
the  militia,  and  shall  be  entitled  to  all  the  privileges  and 
immunities,  to  which  the  rest  of  the  militia  are  entitled, 
and  be  subject  to  all  the  pains  and  penalties,  to  which 
they  are  subject.     But  such  minor  shall  not  be  entitled  prov|go 
to  six  months  notice,  allowed  by  act  of  congress,  for  arm- 
ing and  equipping  himself,  after  he  shall  arrive  at  the  age 
of  eighteen  years  ;  nor  shall  he  be  liable  to  any  draft,  or 
other  call  of  the  United  States,  for  actual  service,  until 


334 


Title  67.     Militia. 


Organization 
of  the  militia. 

Infantry ; 


cavalry  ; 


artillery : 


-iflemen. 


he  shall  have  arrived  at  the  age  when  he  becomes  liable 
to  do  military  duty,  according  to  said  act  of  congress. 

SECT.  4.  The  militia,  enrolled  as  aforesaid,  shall  be 
formed  and  organized  as  follows  :  there  shall  be  three  di- 
visions of  infantry,  each  to  consist  of  two  brigades  ;  each 
brigade  of  four  regiments  ;  each  regiment  of  two  battal- 
ions ;  each  battalion  of  five  companies,  including  one 
company  of  grenadiers  or  light  infantry  ;  and  each  com- 
pany to  consist  of  sixty-four  privates.  There  shall  be 
five  regiments  of  cavalry,  each  regiment  to  be  annexed 
to  the  brigade  of  infantry,  as  is  or  shall  be  designated  by 
the  captain-general ;  and  each  regiment  to  consist  of  four 
troops,  and  each  troop  of  forty-four  privates.  There  shall 
be  a  brigade  of  artillery,  to  consist  of  two  regiments  of 
light-artillery,  and  two  regiments  of  horse-artillery  ;  each 
regiment  of  light-artillery,  shall  consist  of  three -battalions, 
each  battalion  of  four  companies,  and  each  company  of 
forty-four  privates  ;  each  regiment  of  horse-artillery, 
shall  consist  of  two  battalions,  each  battalion  of  two  com- 
panies, and  each  company  of  sixty-four  privates.  There 
shall  be  twenty  companies  of  riflemen,  each  company  to 
consist  of  sixty-four  privates,  and  to  be  annexed  to  the 
regiment  of  infantry,  within  whose  limits  a  major  part  of 
them  shall  reside,  or  as  is  or  shall  be  designated  by  the 
captain-general.  And  said  divisions,  brigades,  regiments, 
battalions  and  companies,  shall  be  officered  as  follows : 
How  officered,  to  each  division,  one  major-general,  with  two  aids-de- 
camp, to  have  the  rank  of  major  ;  one  division-inspector, 
to  have  the  rank  of  lieutenant-colonel,  and  one  division- 
quarter-master,  to  have  the  rank  of  major :  to  each  brig- 
ade, one  brigadier-general,  with  one  aid-de-camp,  to 
have  the  rank  of  captain,  one  brigade-inspector,  to  serve 
also  as  brigade-ma  or.  and  to  have  the  rank  of  major,  and 
one  brigade  quarter-master,  to  have  the  rank  of  captain  ; 
and  the  brigade-inspector  shall  be  commissioned  as  brig- 
ade-inspector, and  shall  be  considered  in  the  line  of  pro- 
motion, as  captain,  from  the  date  of  his  commission  :  to 
each  regiment  of  infantry,  one  coloner,  one  lieutenant- 
colonel,  and  one  major;  to  each  regiment  of  cavalry, 
one  colonel,  and  one  major;  to  each  regiment  of hor*e- 
artillcry,  one  lieutenant-colonel,  and  one  major;  to  each 
regiment  of  light-artillery,  one  lieutenant-colonel,  and 
two  majors ;  and  when  there  shall  be  but  one  battalion, 
it  shall  be  commanded  by  a  major  .  to  each  regiment,  one 
adjutant,  and  one  quarter-master,  to  have  the  rank  of 
lieutenant ;  also  a  chaplain,  surgeon,  and  surgeon's-mate, 
pay-master,  sergeant-major,  and  quarter-master-sergeant ; 
to  each  regiment  of  infantry,  and  artillery,  one  drum-ma- 
jor, and  one  fife-major  ;  and  to  each  regiment  of  cavalry, 


Title  67.     Mil'tia.  335 

one  trumpet-major;  to  each  company  of  infantry,  and  ri- 
flemen, one  captain,  one  lieutenant,  one  ensign,  four  ser- 
geants, four  corporals,  one  drummer,  and  two  fifers  or  bu- 
glers ;  to  each  company  of  light-artillery,  one  captain, 
two  lieutenants,  four  sergeants,  four  corporals,  one  drum- 
mer, and  two  fifers  or  buglers  ;  to  each  company  of  horse- 
artillery,  one  captain,  four  lieutenants,  one  cornet,  eight 
sergeants,  eight  corporals,  one  saddler,  one  farrier,  and 
two  trumpeters  or  buglers  ;  to  each  troop  of  cavalry,  one 
captain,  two  lieutenants,  one  cornet,  four  sergeants,  four 
corporals,  one  saddler,  one  farrier,  and  two  trumpeters, 
or  buglers.  And  it  shall,  at  all  times,  be  the  duty  of  the 
captain-general,  with  the  aid  of  such  officers  of  the  mili- 
tia,  or  other  persons,  as  he  may,  from  time  to  time,  call  to 
his  assistance,  to  provide  for  the  arrangement  and  forma- 
tion of  the  militia,  according  to  the  provisions  of  this  sec- 
tion. And  the  captain-general  is  hereby  authorized  and  and  a]ter  ]im 
empowered,  from  time  to  time,  as  the  interests  of  the  mi-  its  of  compa- 
litia  shall  require,  to  alter  the  limits  of  companies,  form  nies,  &c. 
new  companies,  and  reduce  or  disband  any  company,  on 
application  to  him  made,  although  thereby,  any  regiment 
may  contain  a  greater  or  less  number  of  companies,  than 
is  required  by  this  act. 

SECT.  5.  The  companies  of  cavalry,  artillery,  grena-  Companies  of 
diers,  light-infantry  and  riflemen,  shall  be  filled,  from  time  cavalry,  artil- 
to  time,  by  voluntary  enlistments,  from  exempts,  or  from  ^'g  ^ht-'in- 
such  companies  of  infantry,  as  the  commander  in  chief  fantry  and  ri- 
may  direct,  taking  care  to  preserve,  as  nearly  as  can  be  flemen,  to  be 

done,  conveniently,  an  equalitv  of  numbers  among  the  filled !by  enlist* 

•          f  •   f     2  A     j     '\  •    •  ment. 

companies  of  infantry.     And  whenever  any  musician  or 

private  of  any  enlisted  company,  shall  refuse  or  neglect  t£()™  awhQSe& 
to  dress  in  the  uniform,  duly  established  in  and  for  said  have  enlisted 
company,  and  to  perform  his  duty  therein,  as  required  may  be  erased 
by  law,  he  may,  by  the  commanding  officer  of  such  com- 
pa  ny,  after  three  months'  notice  to  dress  and  equip  himself, 
he  still  refusing  or  neglecting  so  to  do,  be  erased  from  the 
roll  of  such  company  ;  and  notice  thereof  shall  thereupon 
be  given  to  the  commanding  officer  of  the  infantry  com- 
pany, within  whose  limits  such   musician  or  soldier  re- 
sides, who  shall  forthwith  enrol  him  in  his  company. 

SECT.  6.  The  governor,  for  the  time   being,  shall  be   Captain-gene, 
captain-general,  and  commander  in  chief  of  the  militia ;  eral. 
and  the  lieutenant-governor,  for  the  time  being,  shall  be 
lieutenant-general  thereof,  except  when  called  into  the  Lieutenant- 
service  of  the  United  States.  SeneraL 

SECT.  7.  Thegeneral  and  field  officers,  shall  be  appointed  General  and 
by  the  general  assembly,  and  commissioned  by  the  gov-  fiold  officers, 
ernor;  and  the  captains,  subalterns,  and  non-commission-  and*  T 
$d  oiiicers  of  the  militia,  shall  be  chosen  by  their  respect- 


336 


Title  67.     Militia. 


Captains,  &c. 
how  chosen. 


How  approv- 
ed, and  com- 
missioned. 

Non-commis- 
sioned officers. 


Commissions 
to  express  the 
day   from 
which  to  take 
rank. 


Adjutant-gen- 
eral, how  ap- 
pointed. 

Aids-de- 
camp. 


Division  in- 
spector and 
quarter  mas- 
ter. 

Brigade  in- 
spector, and 
quarter-mas- 
ter. 

Regimental 
staff. 


Quarter-mas- 
ter-general, 
how  appoint- 
ed; 
his  rank ; 

power ; 
and  duty. 


ive  companies,  the  commanding  officer  first  causing  notice 
to  be  given  to  those  entitled  to  vote,  that  he  is  about  to 
lead  them  to  a  choice  of  such  officers,  or  non-commis- 
sioned officers ;  and  such  officers,  if  approved  by  the 
general  assembly,  shall  be  commissioned  by  the  governor; 
and  all  non-commissioned  officers  shall  receive  warrants, 
from  the  commander  of  the  regiment  to  which  they  be- 
long, who  shall  have  power  to  reduce  to  the  ranks,  such 
non-commissioned  officers,  whom,  on  complaint  made, 
and  due  notice  given,  he  shall  find  guilty  of  misconduct, 
or  neglect  of  duty  ;  and  all  commissions,  issued  by  the 
governor  to  company  officers,  shall  express  the  'day  from 
which  such  officers  shall  respectively  take  rank,  which 
shall  be  the  day  of  the  date  of  the  general  order,  direct- 
ing the  company  to  be  led  to  the  choice  ;  and  when  two 
or  more  majors  are  appointed  to  one  regiment,  at  the 
same  session  of  the  general  assembly,  the  dates  of  their 
commissions,  shall  be  according  to  priority  of  appoint- 
ment. 

SECT.  8.  The  captain-general  shall  appoint  the  adju- 
tant-general, who  shall  have  the  rank  of  brigadier.  The 
captain-general  shall  appoint  for  himself,  two  aids-de- 
camp, who  shall  have  the  rank  of  lieutenant-colonel ;  the 
lieutenant-general  shall  appoint  for  himself  two  aids-de- 
camp, who  shall  have  the  rank  of  major ;  each  major- 
general  shall  appoint  for  himself  two  aids-de-camp ;  he 
shall  also  appoint  for  his  division,  a  division-inspector,  and 
a  division  quarter-master ;  each  brigadier  shall  appoint 
for  himself  one  aid-de-camp ;  he  shall  also  appoint  for 
his  brigade,  a  brigade-inspector,  to  serve  also  as  brigade- 
major,  and  he  shall  appoint  a  brigade-quarter-master;  each 
commanding  officer  of  a  regiment  shall  appoint  his  adju- 
tant, pay-master  and  quarter-master,  also  a  chaplain,  sur- 
geon, surgeon's-mate,  sergeant-major,  and  quarter-master- 
sergeant  ;  and  the  commanding  officer  of  each  regiment 
of  infantry,  and  artillery,  shall  appoint  a  drum-major,  and 
a  fife-major,  and  the  commanding  officer  of  each  regiment 
of  cavalry,  shall  appoint  a  trumpet-major,  to  whom  he 
shall  give  warrants ;  all  which  appointments  shall  be  pub- 
lished in  orders. 

SECT.  9.  A  quarter-master-general  shall  be  appointed 
by  the  senate,  upon  the  nomination  of  the  gov  ernor,  who 
shall  have  the  rank  of  lieutenant-colonel,  and  shall  have 
authority  to  appoint,  with  the  approbation  of  the  captain- 
general,  one  or  more  assistants,  for  whose  conduct  he 
shall  be  responsible,  and  may  remove  them  at  his  pleas- 
ure. The  duty  of  the  quarter-master-general,  shall  be, 
to  take  care  of  all  the  public  property  committed  to  him. 
and  belonging  to  his  department :  to  execute  all  orders 


Title  67.     Militia.  337 

received  from  the  captain-general  relative  thereto;  to 
receive  such  arms  as  the  government  of  the  United  States 
may,  from  time  to  time,  transmit  to  this  state,  which  shall, 
by  him,  be  deposited  in  the  arsenal  of  this  state,  at  Hart- 
ford, and  distributed  to  the  militia,  in  such  manner  as  the 
commander  in  chief  shall  direct ;  to  perform  all  other 
services,  that  may  be  required  of  him  by  law  ;  to  report 
to  the  general  assembly,  on  the  third  day  of  its  session,  in 
each  year,  and  therein  make  return  of  a  complete  inven- 
tory of  all  the  articles  belonging  to  his  department,  spe- 
cifying the  place  or  places  where  they  are  deposited,  as 
also  the  amount  consumed,  or  expended,  since  his  former 
return,  together  with  a  particular  account  of  all  expenses, 
or  expenditures  of  money,  incurred  in  his  department,  for 
which  no  account  shall  have  been  previously  rendered  to 
the  general  assembly  ;  and  he  shall  become  bound  to  the  TO  give  bond 
state  treasurer,  with  sureties,  in  a  bond  of  twenty  thou-  with  sureties, 
sand  dollars,  conditioned  for  a  faithful  discharge  of  the 
duties  of  his  office. 

SECT.  10.  A  commissary-general  shall  be  appointed,  Commissary- 
by  the  senate,  upon  the  nomination  of  the  governor,  who  Seneral  h°w 
shall  have  the  rank  of  lieutenant-colonel,  and  shall  have  hl^rank- ' 
authority  to  appoint,  with  the  approbation  of  the  captain-  power; 
general,  one  or  more  assistants,  for  whose   conduct  he 
shall  be  responsible,  and  may  remove  them  at  his  pleasure. 
It  shall  be  the  duty  of  the  commissary-general,  to  procure  and  duty, 
supplies  for  the  subsistence  of  the  troops,  and  issue  the 
same  ;  to  execute  all  orders  received  from  the  captain- 
general  ;  to  perform  all  services  that  may  be  required  of 
him  by  law  ;  and  to  report  to  the  general  assembly,  annu- 
ally, on  the  third  day  of  its  session,  the  state  of  his  de- 
partment; and  he  shall  become  bound  to  thestate  treasurer,  To  give  bond 
with  sureties,  in  a  bond  of  twenty  thousand  dollars,  con-  with  sureties. 
ditioned  for  a  faithful  discharge  of  the  duties  of  his  office. 

SECT.  1 1.  A  pay-master-general  shall  be  appointed,  by  Pay-master- 
the  senate,  upon  the  nomination  of  the  governor,  who  general,  how 

shall  have  the  rank  of  ma;or,  whose  duty  it  shall  be  to  apPointed  '• 

,  , ,     .  ,«        ,  .        hii  rank. 

pay  the  troops  their  wages,  to  execute  all  orders  receiv-  and  duty; 

ed  from  the  captain-general,  to  perform  such  services, 
as  may  be  required  of  him  by  law,  and  to  settle  his  ac- 
count with  the  comptroller,  on  or  before  the  thirtieth  day 
of  April,  in  each  year ;  and  for  his  services  as  pay-master- 
general,  and  in  lieu  of  all  other  compensation  or  emolu- 
ment,  he  shall  be  entitled  to  receive  one  and  an  half  per 
cent  on  all  monies  paid  by  him  according  to  law  ;  and  he 
shall  be  bound  to  the  state  treasurer,  with  sureties,  in  a  _ 
bond  of  twenty  thousand  dollars,  conditioned  for  a  faithful  Wjtj1  Sliretipg. 
discharge  of  the  duties  of  his  office.  And  in  case  either 
of  the  office;  of  quarter-master-general,  commissary-gen- 

43 


338 


Title  67.     Militia. 


Certain  vacan- 
cies, how  fil- 
led. 


Barrel  of  mus- 
ket. 


Rifles 
Sabres. 

Swords. 

Arms,  &c.  of 
horse-artillery. 

Arms,  &c.  re- 
quired by  act 
of  congress. 


Uniforms. 

Person  enlist- 
ing into  artille- 
ry, &c. 
not  to  be  ex- 
cused from 
duty  in  infan- 
try until  com- 
pletely equip- 
ped. 


Horses. 


Days  of  com- 
pany exercise. 


eral,  or  pay-master-general,  shall  become  vacant,  during 
the  recess  of  the  general  assembly,  the  vacancy  shall  be 
filled  by  appointment,  by  the  governor  ;  and  any  person, 
thus  appointed,  shall  hold  his  office  until  the  session  of 
the  general  assembly,  next  after  such  appointment. 

SECT.  12.  The  barrel  of  the  musket  or  firelock,  for  the 
infantry,  shall  be,  at  least,  three  feet  and  six  inches  long, 
furnished  with  a  priming-wire  and  brush ;  and  each  ser- 
geant and  corporal  of  the  infantry  and  riflemen,  shall 
have  a  screw-driver  and  worm,  more  than  is  required  by 
said  act ;  the  kind  of  rifle  for  the  riflemen,  and  the  length 
and  bore  of  its  barrel,  shall  be  such  as  the  commander  in 
chief  shall  direct ;  the  sabre  for  the  cavalry,  shall  be  at 
least  three  feet  long,  exclusive  of  the  hilt ;  the  non-com- 
missioned officers  and  privates  of  the  artillery,  shall  be 
armed  with  a  sword  or  hanger,  at  least  two  feet  nine  inch- 
es long,  exclusive  of  the  hilt ;  the  arms,  accoutrements 
and  uniform  of  the  horse-artillery,  shall  be  like  those  of 
the  cavalry. 

SECT.  13.  It  shall  be  the  duty  of  each  non-commission- 
ed officer  and  private  of  the  artillery,  cavalry,  riflemen 
and  infantry,  to  furnish  himself  with  the  arms,  ammunition 
and  accoutrements,  required  by  the  said  act  of  congress, 
and  by  this  act.  The  field,  commissioned,  and  stalf  offi- 
cers, shall,  at  their  own  expense,  be  uniformly  clothed, 
in  regimentals,  established  according  to  law  ;  and  the 
non-commissioned  officers  and  privates  of  the  cavalry, 
artillery,  grenadiers,  light- infantry  and  riflemen,  shall  be 
clothed  in  their  respective  uniforms,  which  are,  or  may 
be  established  according  to  law. 

SECT.  14.  No  person  belonging  to  any  battalion  com- 
pany, shall,  under  color  of  enlistment  into  any  company 
of  artillery,  cavalry,  riflemen,  grenadiers,  or  light-infan- 
try, be  excused  from  doing  duty  in  the  said  battalion  com- 
pany, until  he  shall  have  completely  equipped  himself 
for  service  in  the  corps  into  which  he  enlists,  with  arms, 
accoutrements,  and  uniform,  according  to  law,  and  shall 
have  produced  a  certificate  thereof,  from  the  command- 
ing officer  of  such  cavalry,  artillery,  grenadiers,  light-in- 
fantry, or  rifle  company,  to  the  commanding  officer  of 
such  battalion  company ;  nor  shall  any  non-commission- 
ed officer  or  private,  belonging  to  any  enlisted  company, 
enlist  into  any  other  company.  Each  non-commissioned 
officer,  musician  and  private  of  the  horse-artillery  and 
cavalry,  shall  provide  himself  with  a  good  sufficient  horse, 
of  the  size  required  by  law. 

SECT.  15.  Every  commanding  officer  of  a  company  of 
militia,  shall  order  out  his  company,  three  days  in  each 
year,  not  less  than  six  hours  in  each  day  ;  one  day  in  the 


Title  67.     Militia.  339 

month  of  May,  and  two  days  in  the  month  of  September, 
and  instruct  them  in  the  use  of  arms,  and  discipline  of 
war.     On  the  first  Monday  of  May,  annually,  each  com-  Day  for  com- 
manding officer  shall  cause  the  arms,  ammunition  and  ac-  pany  review, 
coutrements  of  all  under  his  command,  to  be  reviewed 
and  inspected.     The  commanding  officer  of  any  compa-  Company  may 
ny,  when  thereto  ordered,  shall  call  out  his  company  for  be  called  out 
the  choice  of  a  captain,  or  subalterns,  at  any  time  in  the  for  choice  of 
year;  and  the  non-commissioned  officers,  musicians  and  j^"8'  atany 
privates  of  such  company,  when  called  out  as  aforesaid, 
shall  be  liable  to  the  same  fines  and  penalties  for  non-at- 
tendance, and  be  subject  to  the  same  correction  and  pun- 
ishment for  disorders  and  contempt,  as  are  provided  by 
law,  in  cases  of  company  trainings.     The  commanding 
officer  of  each  regiment,  shall  order  out  his  regiment,  by 
regiment  or  battalion,  every  second  year,  in  the  month  of 
September  or  October,  for  exercise,  inspection  and  re- 
view, in  such  manner  as  the  officer  commanding  the  brig- 
ade shall  direct,  except  the  regiments  of  light-artillery, 
which  shall  be  reviewed  by  battalion,  and  not  liable  to  be 
called  together  by  regiment,  unless  by  consent  and  ap- 
probation of  the  captain-general.     And  the  commander 
of  the  brigade  of  artillery  may  assign  the  command  of  the 
respective  battalions  of  light-artillery,  to  such  field  officer 
of  the  regiment  as  he  may  judge  expedient ;  and  also 
cause  the  regiments  of  light-artillery  to  be  reviewed  and 
inspected  in  smaller  bodies  than  the  battalions  establish- 
ed by  law,  at  his  discretion.     Whenever  a  majority  of  the  jn  what  cases 
field  and  commissioned  officers  of  any  regiment,  agree  regiments  may 
thereto,  the  commanding  officer  of  such  regiment,  with  be  called  <>"*> 
the  approbation  of  the  officer  commanding  the  brigade,  succession."1 
or,  (in  case  of  the  regiments  of  light-artillery,)  of  the  cap- 
tain-general, shall  order  out  his  regiment  three  days  in 
succession,  in  the  month  of  September,  which  shall  be  in 
lieu  of  all  trainings  in  that  month  and  October.     On  days  Battalion 
of  regimental,  or  battalion  inspection  or  review,  battal-  how^osted  • 
ion  companies  shall  be  posted  according  to  their  rank,  to 
he  determined  by  their  numbers,  the  lowest  number  be- 
ing highest  in  rank  ;  and  it  shall  be  the  duty  of  the  cap- 
tain-general to  number  the  companies,  at  the  time  of 
forming  or  re-organizing  the  regiment  to  which  they  be- 
long; and  whenever  there  are  two  flank  companies,  they 
shall  take  rank  and  be  posted  according  to  the  same  rule  ; 
and  the  officers  of  such  companies,  shall  remain  with 
their  respective  companies  ;   and  the  officers  of  the  bat-  and  the  offi- 
talion  companies  shall  be  posted  for  regimental  or  battal-  cers  thereof, 
ion  exercise,  agreeably  to  the  directions  given  for  post- 
ing officers  to  guards,  as  pointed  out  in  the  second  arti- 
cle of  the  twenty-second  chapter  of  the  rules  of  disci- 


340 


Title  67.     Milttia. 


Inspection 
how  made.' 


Duty  of  brig- 

to  mken 
quiry,  &c. 


To  make  an- 
nual  returns. 

Meeting  of 
brigade-in- 
spectors,  with 
adjutant-gene- 
ral. 


Warning  of 
militia. 


Orderly  hook 
for  records. 


pline  established  by  congress,  in  their  resolutions  of 
March  twenty-ninth,  Anno  Domini,  one  thousand  seven 
hundred  and  seventy-nine  ;  and  the  second  flank  company 
shall,  on  days  of  regimental  review,  be  posted  on  the 
left  of  the  second  battalion,  and  on  days  of  inspection,  by 
battalion,  on  the  right  of  such  battalion. 

SECT"  16*  Whenever  a  regiment  or  battalion,  shall  be 
ordered  out  for  inspection,  it  shall  be  the  duty  of  the  brig- 
ade-inspector, to  inspect  such  regiment  or  battalion, 
agreeably  to  the  second  article  of  the  twenty-fifth  chap- 
ter of  the  rules  of  discipline  aforesaid,  and  he  shall  take 
an  accurate  account,  from  personal  inspection,  of  the 
quality  of  the  arms  and  accoutrements,  both  of  the  non- 
commissioned officers  and  privates,  and  whether  they  are 
fit  or  unfit  for  service,  and  shall  ascertain,  with  precision, 
the  size  of  the  bores  of  the  muskets  and  rifles  ;  he  shall 
also  examine  the  men's  clothing,  and  see  whether  they 
are  in  complete  uniform,  according  to  law.  And  it  shall 
be  the  duty  of  the  brigade-inspector,  to  make  diligent  en- 
quiry, from  time  to  time,  whether  commanders  of  compa- 
nies have  caused  all  persons  liable  to  do  military  duty, 
within  their  limits  respectively,  to  be  enrolled,  and  to  re- 
port all  delinquencies  to  the  brigadier  of  their  brigade 
respectively,  to  the  end,  that  such  commanders  may  be 
dealt  with  according  to  law;  and  the  inspector  shall  make 
annual  return  of  the  state  of  the  militia,  in  the  brigade  to 
wnich  he  belongs,  to  the  adjutant-general. 

SECT.  17.  Whenever  the  captain-general  shall  deem  it 

necessary,  he  mav  issue  his  orders,  directing  the  brigade- 
.  .  J  '  ..  ..u  j-  .  i  i  ,•  i 

inspectors  to  meet  the  adjutant-general,  at  such  time  and 

place  as  he  shall  appoint,  to  confer  with  him,  and  to  re- 
ceive his  directions,  relative  to  their  official  returns,  and 
other  parts  of  their  duty,  and  to  aflford  him  that  assistance 
and  co-operation,  which  the  public  service  may  require  ; 
and  the  said  officers  shall  be  allowed  nine  cents  per  mile 
for  travel,  to  and  from  such  place  of  meeting. 

SECT.  1  8.  In  all  cases,  when  the  militia  are  to  be  warn- 
ed  for  a  choice  of  officers,  for  exercise,  review,  parade, 
or  inspection,  three  days  notice  shall  be  given,  exclusive 
of  the  day  of  warning,  by  order  of  the  commander  of  the 
company,  in  writing,  directed  to  the  non-commissioned 
officers,  and  the  same  to  be  read  in  the  hearing,  or  a  copy 
thereof  to  be  left  at  the  usual  place  of  abode,  of  the  per- 
son to  be  warned. 

SECT.  19.  Each  company  shall  be  furnished  with  a 
suitable  orderly  book  for  records,  and  the  commanders 
of  the  companies  of  battalion  infantry,  shall  cause  the 
names  of  all  persons,  between  the  age  of  sixteen,  and 
forty-five  years,  and  who  reside  within  the  limits  of  their 


Title  G7.m  'Militia.  341 

respective  companies,  to  be  entered  in  said  book,  except 
the  names  of  such  persons,  as  belong  either  to  the  artil- 
lery, cavalry,  rifle-men  or  flank  companies,  designating 
therein,  such  persons  as  are  liable  to  military  duty.  And 
the  commanders  of  the  companies  of  artillery,  cavalry, 
rifle-men  and  flank  companies,  shall  cause  the  name,s  of 
all  persons  enlisted  into  their  respective  companies,  to 
be  enrolled  in  their  said  orderly  book  ;  and  the  com- 
manding officer  of  each  company,  shall  cause  to  be  re- 
corded, all  delinquencies,  and  all  votes  and  proceedings 
of  such  company,  and  shall  cause  copies  of  any  part  of 
said  records  to  be  given,  reasonable  compensation  being 
made  therefor  ;  and  it  shall  be  the  duty  of  the  adjutant- 
general  of  the  state,  to  prescribe  the  forms  of  keeping 
such  records,  and  of  the  brigade-inspectors,  annually,  to 
inspect  the  said  books. 

SECT.  20.  The   brigades  or  divisions  '  may  be  ordered  Division  and 
out  for  inspection  or  review,  by  their  commanding  (offi-  brigade-in- 
cers,  with  the   approbation  of  the  commander  in  chief,  8Pe^tion  and 
at  such  times  as  shall  be  deemed  expedient  and  necessary; 
and  whenever  a  division  is  under  arms,  it  shall  be  review- 
ed by  the  captain-general,  or  lieutenant-general  ;  when 
a  brigade,  by  a  major-general  ;  and  when  a  regiment,  by 
a  brigadier-general. 

SECT.  21.   If  any  person  or  persons  belonging  to  the  Firing  prohib- 
militia.  shall  fire  any  field-piece,  musket  or  pistol,  or  suffer 
the  same  to  be  done  by  others,  on  any  days  of  company, 
battalion,  or  regimental  days  of  exercise,  or  review,  ex- 
cepting by  order  of  a  commissioned  officer,  he  shall,  for 
each  offence,  forfeit  and  pay  a  fine  of  five  dollars,  to  be 
recovered  by  complaint  or  information  thereof  made,  and 
conviction  had,  before  any  court  proper  to  try  the  same, 
for  the  use  and  benefit  of  him,  who  shall  prosecute  the 
same  to  effect.     And  when  such  offence  shall  be  commit- 
ted, by  any  person,  under  the  age  of  twenty-one  years,  ^°^  c 
the  said  fine  may  be  recovered  of  the  parent,  master,  or  minors. 
guardian  of  such  minor,  so  offending,  in  manner  aforesaid. 
And  it  shall  be  the  duty  of  all  informing  officers,  to  make  Informing  offi- 
presentment  and  complaint  of  all  breaches  of  this  sec-  cers  to  com- 
tion,  to  any  court  proper  to  hear  and  determine  the  same,  plam- 
and  upon  conviction  of  the  offender,  on  such  presentment 
and  complaint,  the  said  fine  shall  be  paid  to  the  treasury 
of  the  town,  where  such  offence  shall  have  been  commit- 
ted.    And  it  shall  b  j  the  duty  of  each  captain,  or  officer 


commanding  a  military  company,  to  cause  this  section  to  company, 
be  read  in  the  hearing  of  his  company,  in  September  and  twice  a  year. 
May,  in  each  year. 

SECT.  22.  The  commanding  officer  of  each  division,  Commandin 
brigade,  regiment,  battalion,  or  company,  shall  order  the  officen&toor- 


343 


Title  67? 


Militia. 


der  the  cor- 
rection of  dis- 
orders, on 
days  of  exer- 
cise. 
Punishment. 


Power  to  fix 
limits  of  pa- 
rade; 

to  confine  in- 
truders. 


Musicians  to 
assemble  for 
instruction. 


Fine  for  neg- 
lect. 


Fines  for  non- 
appearance 
and  deficiency 
inarms,  &c. 


correction  and  punishing  of  disorders,  or  contempt,  on 
days  of  exercise,  inspection,  or  review,  of  which  any 
non-commissioned  officer  or  soldier,  under  their  respect- 
ive commands,  may  be  guilty,  during  the  day  ;  provided, 
the  punishment  inflicted,  be  not  greater  than  riding  a 
wooden  horse,  for  a  term  not  exceeding  one  hour,  or  a 
fine,  not  exceeding  seven  dollars  ;  and  they  shall  have 
power  to  fix  certain  limits  to  their  respective  parades, 
within  which  no  spectator  shall  enter,  without  liberty  from 
the  commanding  officer ;  and  in  case  any  person  shall 
intrude  or  offend,  he  shall  be  liable  to  be  confined,  in  such 
way  and  manner,  as  the  commanding  officer  shall  direct, 
during  the  continuance  of  the  exercise. 

SE(  T.  23.  The  commanding  officer  of  any  regiment 
shall,  if  he  judge  expedient,  order  the  musicians  within 
the  limits  of  his  command,  to  assemble  at  such  times  and 
places,  as  he  shall  direct,  for  practice  and  instruction,  not 
exceeding  two  days  in  each  year,  exclusive  of  days  of 
regimental  exercise  ;  and  if  any  musician  shall  refuse  or 
neglect  to  obey  such  orders,  he  shall  be  liable  to  the  same 
fine,  as  is  herein  provided  for  like  neglect,  or  refusal,  on 
days  of  company  exercise  ;  which  fine,  and  all  other  fines, 
which,  by  virtue  of  this  act,  shall  be  incurred  by  the  non- 
commissioned staff,  shall  be  imposed  by  the  commanding 
officer  of  the  regiment.  But  the  person  so  fined,  or  lia- 
ble to  be  fined,  shall  have  the  same  right  to  excuse  him- 
self, before  such  regimental  officer,  and  appeal  to  a  supe- 
rior officer,  as  is  hereinafter  provided,  in  cases  of  fines 
imposed  by  commanding  officers  of  companies. 

SECT.  24.  The  fines  and  penalties  incurred  for  non-ap- 
pearance, and  deficiency  of  arms  and  accoutrements, 
shall  be  as  follows,  to  wit :  Each  sergeant-ma^or,  quarter- 
master-sergeant, drum-major,  life-major,  trumpet-major, 
sergeant,  corporal,  drummer,  fifer,  trumpeter,  and  bugler, 
who  shall  neglect  to  appear  at  the  time  and  place  appointed 
for  regimental  or  battalion  exercise,  inspection,  or  review, 
shall  forfeit  and  pay  a  fine  of  six  dollars  ;  and  for  each 
day's  neglect  to  appear,  at  the  time  and  place  appointed 
fc-r  company  exercise,  inspection,  or  review,  a  fine  of  five 
dollars  ;  each  private,  for  non-appearance,  on  any  day  of 
regimental  or  battalion  exercise,  inspection,  or  review, 
shall  forfeit  and  pay  a  fine  of  five  dollars,  and  for  non- 
appearance  on  any  day  of  company  exercise,  inspection, 
or  review,  a  fine  of  four  dollars ;  each  non-commissioned 
officer  and  private,  who  appears  on  parade,  shall,  for  de- 
ficiency of  arms,  ammunition,  and  accoutrements,  forfeit 
and  pay,  for  each  day  of  exercise,  inspection,  or  review, 
the  following  fines,  to  wit :  For  a  gun,  or  pair  of  pistols, 
each,  one  dollar  and  fifty  cents  ;  for  a  sabre,  or  hanger. 


Title  67.    Militia.  343 

each,  one  dollar,  and  for  each  other  article  required  by 
law.  twenty-five  cents  ;  and  no  horse-man  who  shall  be 
deficient  in  a  horse,  shall  be  considered  as  appearing  on 
parade. 

SECT.  25.  Any  non-commissioned  officer,  musician  or  Proceedings  io 
private,  of  any  company  of  militia,  whether  artillery,  cav-  making  an  ex- 
airy,  riflemen  or  infantry,  who  shall  neglect  to  appear,  at  H""6  Jj,r  n£n~ 
the  time  and  place  appointed  for  regimental,  battalion,  or  ^?ea 
company  exercise,  inspection  or  review,  or  for  the  choice 
of  a  captain,  or  subaltern,  for  the  company  to  which  such 
person  belongs  ;  or,  appearing,  shall  be  deficient  in  arms 
or  equipments;  may,  within  ten  days  next  thereafter,  ap- 
pear before  the  commanding  officer  of  such  company, 
by  himself  or  attorney,  and  make  excuse  for  such  non- 
appearance  or  deficiency  ;  and  if  such  delinquent  shall 
fail  to  appear  as  aforesaid,  and  make  a  satisfactory  ex- 
cuse for  such  delinquency,  said  commanding  officer  shall 
impose  upon  such  delinquent,  the  fine  or  fines  in  such 
case  by  law  incurred,  and  shall. give  notice  thereof,  in 
writing,  to  the  person  so  fined;  and  if  such  fine  or  fines  Fines  to  be 
shall  not  be  paid  to  such  commanding  officer,  and  the  said  collected  b? 
delinquent  shall  not  make  his  appeal  in  the  manner  here-  w 
in  after  provided,  said  fine  or  fines  shall  be  collected  by 
warrant,  under  the  hand  of  said  commanding  officer, 

SECT.  26.  Whenever  the  commanding  officer  of  a  com-  Proceedings  in 
pany,  shall  impose  a  fine,  the  person  so  fined,  when  he  peSaeig°fap" 
claims  to  be  excused  from  performing  military  duty,  at 
the  time  for  which  he  is  fined,  may,  within  ten  days  after 
notice  thereof,  appeal  to  the  commanding  officer  of  the  re- 
giment ;  or,  if  the  person  so  fined,  claim  in  writing,  to  be- 
long to  a  different  regiment  from  that  to  which  said  com- 
manding officer  belongs,  but  to  the  same  brigade,  he  may, 
within  fifteen  days  after  such  notice,  appeal  to  the  com- 
manding officer  of  the  brigade  ;  and  if  the  person  so  fined 
shall  claim  in  writing  to  belong  to  a  different  brigade,  in 
the  same  division,  he  may,  within  twenty  days  after  such 
notice,  appeal  to  the  commanding  officer  of  the  division; 
and  if  the  person  so  fined,  shall  claim,  in  manner  afore- 
said, to  belong  to  a  different  division,  or  to  a  different 
corps,  from  that  to  which  such  commanding  officer  be- 
longs, he  may,  within  twenty  days  after  notice,  appeal  to 
the  captain-general,  or  to  such  person  as  the  captain- 
general  shall  appoint.     And  in  all  cases  of  appeal,  it  shall 
be  the  duty  of  the  officer,  to  whom  the  appeal  is  made, 
to  cause  written  notice  to  be  given  to  the  officer  imposing  Notice  of  ap 
the  fine,  who  shall  thereupon  stay  the  collection  thereof  peal, 
until  the  appeal  be  determined  ;  and  the  officer  to  whom 
the  appeal  is  made,  may,  on  hearing  the  parties,  abate  - 
such  fine  ;  and  if  such  fine  be  not  abated,  the  officer  im- 


344  Title  67.     Militia. 

posing  the  same,  shall  proceed  to  the  collection  thereof. 
58  °n  Wnen  any  Person  fined  as  aforesaid,  shall  claim  to  be 
niing  wholly  exempted  from  the  performance  of  military  duty, 
to   be  wholly  he  may,  within  ten  days  after  notice  thereof,  appeal  to 
exempted  from  either  judge  of  the  county  court  in  the  county  in  which 
i   ry    uty.  j^  j^g^es,  stating  the  ground  of  his  claim  for  exemption ; 
which  judge  shall  give  notice  to  the  officer  imposing  the 
fine,  of  the  appeal,  and  of  the  time  when  the  same  will 
be  heard  ;  and  the  collection  of  the  fine  shall  be  stayed 
till  the  appeal  is  determined.     And  such  judge  shall  hear 
the  parties,  and.  if  he  shall  be  of  opinion,  that  the  person 
appealing  is  exempted  from  military  duty,  he  shall  abate 
such  fine ;  otherwise,  the  officer  imposing  the  fine,  shall 
proceed  to  the  collection  thereof.     All  appeals  shall  be 
in  writing,  and  the  same  shall  be  determined,  and  notice 
of  such  determination,  given  to  the  officer  imposing  the 
fine,  within  twenty  days  after  such  appeal  is  made  ;  and 
No  other  rem-    1)O  action  shall  be  sustained  against  any  officer,  for  impo- 
edy.  sing  a  fine  for  neglect  uf  appearance,  or  deficiency  in 

arms  or  accoutre  merits. 

Warrants  for         SECT.  27.  All  warrants,  granted  for  the  collection  of 
how8'  directed  an^  mie'  *mPose<^  Dv  virtue  of  this  act,  shall  be  directed 
and  levied.        to  a  constable  of  the  town,  in  which  the  delinquent  dwells; 
which  warrant  may  be  levied  on  the  goods,  or  chattels, 
of  the  delinquent,  if  of  the   age    of  twenty-one  years, 
and  for  want  of  such  goods  and  chattels,  on  the  body   of 
such  delinquent,  and  on  the  goods  or  chattels  of  the  pa- 
rent, master  or  guardian  of  such  delinquent,  if  under  the 
age  of  twenty-one  years,  and  for  want  of  such  goods  and 
chattels,  on  the  body  of  such  parent,  master  or  guardian, 
and  him  commit  to  gaol  untilsuch  fine  be  paid,  with  law- 
ful fees  for  service,  and  seventeen  cents  for  said  war- 
rant, as  in  case  of  execution  for  debt :  And  all  warrants 
heretofore  issued,  by  any  officer  of  the  militia,  for  col- 
lection of  fines,  including  a  sum  for  the  warrant,  shall  be 
deemed  to  be  valid  ;  and  no  action  shall  be  sustained 
Fines,how  dis-  against  such  officer  for  the  same.     All  fines  imposed  by 
posed  of.  ^e  comman(jing   officer  of  a  company,  shall  be  appro- 

priated for  the  benefit  of  such  company,  for  purchasing 
and  keeping  in  repair,  trumpets,  bugles,  drums  and  fifes, 
and  for  teaching  music,  and  for  providing  blank  cartridges, 
for  days  of  regimental  or  battalion  review,  inspection  or 
parade,  not  exceeding  ten  cartridges  for  each  non-com- 
missioned officer,  and  private,  who  bears  arms  ;  and  the 
surplus,  if  any,  shall  be  paid  to  the  treasury  of  the  town, 
to  which  such  commanding  officer  belongs  ;  and  all  fines 
imposed  by  the  commanding  officer  of  a  regiment,  shall  be 
appropriated  for  the  benefit  of  such  regiment,  for  the  uses 


Title  67.     Militia.  345 

aforesaid,  and  the  surplus,  if  any,  shall  be  paidinto  the 
treasury  of  the  state. 

SECT.  28.  Whenever  any  soldier  shall  be  unable  to  ^MeT^SiS 
equip  himself  with  arms  and  accoutrements,  required  by  j9  unable  to 
law,  a  certificate  from  two  of  the  civil  authority  of  the  equip  himself, 
town  to  which  he  belongs,  shall  be  sufficient  evidence,  to 
the  commanding  officer  of  the  company,  of  such  inability ; 
which  certificate  being  given,  no  execution  shall  issue 
against  him,  for  any  fine,  which  may  have  been  imposed 
for  any  such  deficiency  ;  and  in  every  such  case,  it  shall 
be  the  duty  of  the  select-men  of  the  town,  to  provide 
such  soldier  with  arms,  and  the  whole  orany  part  ofeuch  ac- 
coutrements, as  maybe  necessary,  atthe  cost  of  such  town, 
within  forty  days  after  such  certificate  shall  have  been 
shown  to  them,  and  in  default  thereof,  the  said  commanding 
officer  shall,  in  his  official  capacity,  have  a  right  of  ac- 
tion against  such  town,  to  recover  the  value  thereof; 
any  one  justice  of  the  peace  to  hear  and  determine  the 
same,  and  grant  execution  thereon  ;  and  in  such  case,  no 
appeal  shall  be  allowed  ;  and  the  commanding  officer 
shall  thereupon,  without  delay,  procure  such  arms  and 
accoutrements,  and  they  shall  be  the  property  of  such 
town  ;  and  all  arms  belonging  to  the  town,  shall,  by  the 
commanding  officer  of  the  company,  be  deposited  in  such 
place,  as  he  may  think  proper,  to  be  ready  for  such  sol- 
diers, as,  for  the  time  being,  may  be  unable  to  equip 
themselves  ;  and  such  officer  shall  be  liable  to  pay  there- 
for, if  lost  through  his  neglect. 

SECT.  29.  Any    person  belonging  to  any  society  of 
Friends,  Shakers,  or  Quakers,  may  procure  a  certificate  Tf^Sp°" 
thereof,  from  the  clerk  of  the  society  to  which  he  be-  SlmayTe 
longs ;  and  upon  presenting  the  same,  to  the  treasurer  of  excused  from 
the  state,  at  any  time  in  the  month  of  May,  in  any  year,  milita!7  dut.T- 
and  paying  the  said  treasurer,  the  sum  of  six  dollars,  for 
the  use  of  the  state,  he  shall  give  a  certificate  thereof,  to 
such  Friend,  Shaker,  or  Quaker ;  and  upon  the  same 
being  presented  to  the  Commanding  officer  of  the  compa- 
ny, within  the  limits  of  which  such  Friend,  Shaker,  or 
Quaker  resides,  on  or  before  the  last  day  of  said  May, 
such  Friend,  Shaker,  or  Quaker  shall  be  excused  from 
arming  and  equipping  himself, and  doing  military  duty,  for 
the  year  following. 

SECT.  30.  The  commanding  officers  of  the  several  re- 
giments, shall  call  out  the  commissioned  and  non-corn-  Commanding 
missioned  officers  of  their  said  regiments,  one  day,  and  if  officers  of  re- 
they  judge  it  expedient,  two  days,  either  in  the  month  of  Simeuts  "**> 
August  or  September,  for  exercise  and  discipline  in  arms,,  cersfor  exer- 
previous  to  any  regimental  or  battalion  review,  or  pa-  cise,  &c. 
rade ;  and  when  so  called  out,  the.  non-commissioned 
44 


346  Title  67.     Militia. 

Fine  for  non-  officers  shall  be  liable  to  a  fine  of  four  dollars,  for  each 
appearance.  ^,  Qf  non-appearance  at  such  time  and  place  of  exer- 
cise; which  fine  may  be  imposed  by  the  said  commanding 
officers  of  the  regiments,  respectively,  under  the  same 
provisions  and  restrictions,  as  are  contained  in  the  twen- 
ty-third section  of  this  act. 

How  a  place  SECT.  31.  It  shall  be  the  duty  of  the  commanding  offi- 
of  parade  is  to  cer  of  each  compan}r  of  infantry,  to  establish  a  place,  or 
be  established.  piaces  of  parade,  for  their  respective  companies,  within 
the  limits  thereof;  and  if  a  part  of  any  company  shall 
consider  themselves  aggrieved,  by  any  such  establish- 
ment, they  may  apply  to  the  commanding  officer  of  the 
regiment,  who  shall  appoint  a  board,  consisting  of  three 
disinterested  captains,  belonging  to  his  regiment,  to  view, 
at  the  expense  of  the  applicants,  the  local  situation  of 
said  company  ;  first  giving  notice  of  the  time  and  place  of 
their  meeting,  for  that  purpose,  to  the  commanding  officer 
thereof:  and  such  board,  after  having  viewed  the  local 
situation  of  said  company,  shall  fix  and  determine  the 
place  or  places,  for  their  parade,  and  make  report  in 
writing  of  their  doings  in  the  premises,  to  the  command- 
ing officer  thereof,  who  shall  cause  the  same  to  be  record- 
ed in  the  orderly  book  of  his  company. 

Officers  to  fur-  SECT.  32.  Each  commissioned  officer  shall  furnish  him- 
nish  themselves  self  with  the  rules  of  discipline,  approved  and  established 
with  the  rales  by  congress,  in  their  act,  passed  the  twelfth  of  May,  one 
of  daphne.  '*  ' 


Proceedingsin  SECT*  33«  The  captain-general,  or  in  his  absence,  the 
case  of  alarm,  nex*  commanding  officer,  is  hereby  authorized  and  em- 
&c.  powered,  on  an  alarm,  invasion,  or  notice  of  the  appear- 

ance of  an  enemy,  either  by  sea  or  land,  to  order  the 
whole,  or  any  part  of  the  militia  to  assemble,  and  the  same 
to  lead,  order,  or  employ,  for  the  assistance,  or  relief  of 
any  of  the  inhabitants  of  this  state,  attacked  by  an  ene- 
my, or  in  danger  thereof;  and,  generally,  to  issue  and  pub- 
lish such  orders,  as  he  shall  judge  expedient,  to  carry  in- 
to execution  the  intent  and  design  of  this  act  ;  and  all 
subordinate  officers  are  hereby  required  to  yield  entire 
obedience  thereto.  And  the  officers  severally  comman- 
ding divisions,  brigades,  regiments,  battalions  and  compa- 
nies, are  hereby  vested  with  the  same  authority,  within 
their  respective  commands  ;  but,  when  any  of  them  find 
it  necessary  to  order  out  the  force  under  his  command, 
he  shall,  forthwith,  dispatch  intelligence,  and  the  occa- 
sion thereof,  together  with  an  account  of  his  movements 
and  operations,  to  the  captain-general,  or  any  other  of 
his  superior  officers,  as  may  be  deemed  most  conducive 
to  the  public  safety  ;  and  the  officers  receiving  such  in- 
telligence, shall  observe  the  same  line  of  conduct,  in  or- 


Title  67.     Militia.  347 

<ier  that  information  may,  in  the  most  expeditious  way, 
come  to  the  captain-general.     And  when  the  militia,  or 
any  detachment  thereof,  are  called  out,  in  actual  service, 
under  the  provisions  of  this  act,  they  shall  be  entitled  to 
the  same  pay  and  rations,  as  is,  or  shall  be  provided  for  pay  and  ra- 
the army  of  the  United  States.     And  when  any  company,  tions. 
battalion,  regiment,  brigade,  or  division,  of  the  militia  of 
this  state,  shall  be  ordered  into  service,  by  the  proper 
officer,  on  any  alarm,  each  non-commissioned  officer,  mu-  Fine,  and  fbr- 
sician  and  private,  who  neglects  to  appear  at  the  place  of  feitureforneg. 
rendezvous,  in  person,  or  by  substitute,  and  join  the  com-  Iect  to  aPPear- 
puny  to  which  he  belongs,  shall,  for  such  neglect,  pay  a 
tine  of  seventeen  dollars,  and  shall  forfeit  and  pay  the  fur- 
ther sum  of  twenty  dollars,  for  each  and  every  month,  he 
shall  neglect  to  join  such  company,  and  in  the  same  pro- 
portion, for  a  longer  or  shorter  time;  and  upon  neglect  or 
refusal  to  pay  the  aforesaid  penalties  and  forfeitures,  or 
any  part  of  the  same,  shall  be  imprisoned,  in  like  manner, 
as  is  provided  by  this  act,  for  those  who  neglect  or  refuse 
to  pay  the  penalties  incurred  for  not  appearing  in  person, 
or  by  substitute,  at  the  time  and  place  appointed  for  ren- 
dezvous, when  detached  for  service;  and  each  non-com- 
missioned officer,  musician  and  private,  shall  have  like 
notice,  when  ordered  into  service,  by  company,  battalion,  „ 
regiment,  brigade  or  division,  as  is  provided  by  this  act,  for 
those  who  are  called  out  by  detachment. 

SECT.  34.  The  commanding  officer  ofeach  company  shall,  Commanding 
immediately  after  a  detachment,  company,  battalion,  regi-  officer  to  make 
ment,brigade,  or  division,  shall  be  ordered  to  rendezvous  for  return  of  de- 
service,  at  any  particular  time  and  place,  make  return  of  jjar"ltejS' to 
the  names  and  places  of  abode,  of  all  the  persons  under  jor ; 
his  command,  who  shall  have  incurred  any  of  the  penal- 
ties mentioned  and  contained  in  that  part  of  this  act,  pro- 
viding for  calling  out  the  militia  by  detachment,  to  the 
brigade-major  of  the  brigade,  to  which  they  respectively 
belong  ;  and  it  shall  be  the  duty  of  the  brigade-major, 
within  twenty  days  from  the  time  of  his  receiving  said  re- 
turn, to  make  a  like  return  to  the  state  attorney  for  the  andhetostate 
county  in  which  such  person  or  persons  may  reside.          attorney. 

SECT.  35.  The  several  county  courts  in  this  state,  are  County  courts 
authorized  and  empowered,  to  hear  and  determine  all  to  have  cogni- 
actions  for  breaches  of  this  act,  not  otherwise  provided  za 
for  by  law ;  and  the  state  attornies  in  the  several  coun- 
ties, are  hereby  authorized  and  empowered  to  prosecute 
the  same,  by  action  of  debt,  in  the  name  of  the  state 
treasurer,  or  by  information ;  and  the  penalties,   fines 
and  forfeitures,  when  recovered,  shall  be  paid  into  the 
state  treasury. 


348  Title  67.     Militia. 

Substitutes.  SECT.  36.  Each  and  every  sergeant,  corpora),  musi- 

cian and  private  of  the  militia,  that  shall  be  detached  to 
perform  a  tour  of  military  duty,  under  the  government, 
and  by  authority  of  this  state,  or  of  the  United  States, 
shall  be  allowed  to  procure  a  substitute,  of  equal  grade 
with  himself,  to  be  approved  of,  and  accepted,  by  the 
senior  officer  in  command,  at  the  place  of  rendezvous, 
who  shall  be  the  only  proper  officer  to  accept  and  ap- 
prove of  substitutes,  and  determine  on  their  qualifica- 
tions ;  and  it  shall  not  be  in  his  power  to  accept  of  a 
substitute,  unless  completely  equipped  and  in  uniform, 
according  to  law  ;  which  substitute,  when  accepted,  and 
voluntarily  enrolled,  shall  be  subject  to  the  laws  of  this 
state,  for  forming  and  conducting  the  military  force,  while 
in  actual  service. 

Notice  to  per-       SECT.  37.  It  shall  be  the  duty  of  the  commanding  offi- 
sons  detached,  cer  of  the  company,  from  which  any  detachment  is  made, 
to  give  immediate  notice  thereof  to  the  person  or  per- 
sons detached,  which  notice  shall  be  in  writing,  signed  by 
the  commanding  officer  of  the  company,  and  read  in  the 
hearing   of  the  person   detached,  or  an  attested   copy 
thereof,  left  at  his  usual  place  of  abode,  by  one  of  the 
sergeants  of  said  company ;  and  whenever  any  sergeant, 
corporal,  musician,  or  private,  detached  and  notified  as 
aforesaid,  shall  refuse  or  neglect  to  appear,  either  him- 
self, or  by  substitute,  approved  as  aforesaid,  at  the  time 
and  place  appointed  for  the  rendezvous  of  such  detach- 
ment, the  person  so  neglecting  to  appear,  shall  forfeit 
no^ppTar-'    and  Pav  the  sum  of  twenty  dollars  into  the  treasury  of  the 
ance  at  ren-      state,  and  shall  forfeit  and  pay  to  said  treasury,  the  fur- 
dezvous;          ther  sum  of  twenty  dollars,  for  each  and  every  month  he 
and  for  neglect  shall  neglect  to  join  such  detachment,  and  in  the  same 
tojoin  detach-  proportion,  for  any  part  of  the  time  he  shall  neglect  to 
join  the  detachment;  and  upon  neglect  or  refusal  to  pay 
the  aforesaid  penalties  and  forfeitures,  or  any  part  of  the 
Imprisonment    same,  he  shall  be  imprisoned  in  the  common  gaol  of  the 
for  non-pay-      county,  where  he  resides,  for  a  term  not  less  than  thirty 
days,  nor  exceeding  sixty  days,  at  the  discretion  of  the 
court  before  which  the  conviction  is  had. 

Parent,  &c.  SECT.  38.  When  any  fine  shall  be  incurred,  by  any  mi- 

when  liable.  nOF)  for  a  breacn  of  the  thirty-third  and  thirty-seventh 
sections  of  this  act,  the  parent,  guardian  or  master  of 
such  minor,  shall  be  liable  for  the  same,  unless  where 
such  parent,  guardian,  or  master,  shall  make  it  appear, 
that  he  was  not  aiding  in,  or  consenting  to,  such  neglect 
or  refusal. 

Wounded  and       SECT.  39.  Any  officer  or  soldier,  wounded  or  disabled, 

disabled?  Pr°-  and  the  widow  and  children  of  any  officer  or  soldier  killed, 

while  in  the  service  of  this  state,  shall  be  suitably  provid- 


Title  G7.     Militia.  349 

ed  for,  by  the  legislature,  having  respect  to  the  nature  and 
merits  of  such  case. 

SECT.  40.  General,  field,  commissioned  and  staff  of-  Courts-mar- 
ficers,  shall  be  subject  to  trial,  by  general  court-martial,  tial» 
according  to  the  usage  and  practice  of  war,  for  disobedi- 
ence of  orders,  for  unofficerlike  conduct,  while  on  duty, 
or  during  any  day  appropriated  to  military  exercise  or  re- 
view,and  for  the  neglect  of  any  duty  imposed  upon  them  by 
law,  as  officers  of  the  militia  ;  which  court-martial  shall 
consist  of  not  less  than  nine,  nor  more  than  thirteen  mem-  how  constitut- 
bers ;  and  the  senior  officer,  who  shall  always  be  of  a  ed  ; 
rank  superior  to  the  officer  on  trial,  shall  preside.     The  and  appointed. 
court-martial  for  the  trial  of  an  officer,  under  the  grade 
of  a  field  officer,  shall  be  appointed  by  the  commanding 
officer  ef  the  brigade,  to  which  he  belongs  ;  for  the  trial 
of  an  officer  of  the  grade  of  a  field  officer,  except  field 
officers  of  the  artillery,  cavalry,  and  rifle  corps,  by  the 
commanding  officer  of  the  division,  to  which  he  belongs  ; 
for  the  trial  of  a  general  officer,  and  of  field  officers  in 
the  artillery,  cavalry  and  rifle  corps,  by  the  captain-gene- 
ral.    In  every  court-martial  there  shall  be  a  judge-advo-  Judge-advo- 
cate, who  shall  discharge  the  duties  of  that  office,  accord-  cate* 
ing  to  the  usages  and  practice  in  courts- martial ;  and  no 
other  person  shall  be  admitted  to  prosecute  or  defend  the 
arrested  officer.     Whenever  a  court-martial  shall  be  or-  Orderfor  . 
dered,  the  order  shall  designate  the  time  and  place  of  cc 
holding  the  same,  the  name  of  the  officer  to  preside,  and 
the  number  and  rank  of  other  officers,  of  which  the  court 
is  to  be  composed.     If  the  court  shall  be  ordered  by  the 
captain-general,  the  orders  shall  be  of  the  tenor  following, 
to  wit  : 

State  of  Connecticut,  ss.  Form  of  order, 

by  captain- 

GENERAL  ORDERS. 

A  general  court-martial  is  ordered  to  assemble  at  , 
on  the  day  of  Anno  Domini,  ,  for  the  trial  of 
such  person  or  persons  as  may  be  brought  before  them, 
to  consist  of  members,  to  be  taken  from  the  di- 
vision, to  wit:  major-generals,  brigadier-generals, 
colonels,  lieutenant-colonels.  Major-general 

will  preside.  The  adjutant  of  the  regiment  will 
furnish  an  orderly  sergeant,  to  attend  and  execute  the 
orders  of  the  court. 

(To  be  signed  by  the  captain-general,  or  the  adjutant- 
general.) 


350  Ttik  67.     Militia. 

If  the  court  be  ordered  by  a  major-general,  the  orders 
shall  be  of  the  tenor  following,  to  wit : 

by  major-gen-  State  of  Connecticut,  ss. 

eral ; 

DIVISION  ORDERS  FOR  THE          DIVISION  OF 
MILITIA. 

A  general  court-martial,  of  said  division,  will  assemble 
at          ,  on  the         day  of         ,  Anno  Domini,          ;  for 
the  trial  of  such  person  pr  persons  as  may  be  brought  be- 
fore them,  to  consisf  of   •      members,  to  wit:         briga- 
dier-generals,        colonels,          lieutenant-colonels,  and 
majors.     Brigadier-general         will  preside.     The 
adjutant  of  the         regiment  will  furnish  an  orderly  ser- 
geant, to  attend  and  execute  the  orders  of  the  court. 
(To  be  signed  by  a  major-general,  or  by  a  division-in- 
spector, by  his  order.) 

If  the  court  be  ordered  by  a  brigadier-general,  the  or- 
ders shall  be  of  the  following  tenor,  to  wit : 

by  brigadier-  State  of  Connecticut,  ss. 

general. 

BRIGADE  ORDERS  FOR  THE          BRIGADE  OF 
MILITIA. 

A  general  court-martial  of  said  brigade  will  assemble 
at         ,  on  the         day  of         ,  Anno  Domini,         ,  for 
the  trial  of  such  person  or  persons  as  may  be  brought  be- 
fore them,  to  consist  of        members,  to  wit :         colonels, 
lieutenant-colonels,  majors,          captains,  and 

subalterns.     Colonel          will  preside.     The  adju- 
tant of  the        regiment,  will  furnish  an  orderly  sergeant, 
to  attend  and  execute  the  orders  of  the  court. 
(To  be  signed  by  the  brigadier-general,  or  by  the  brig- 
ade-major, by  his  order.) 

Duty  of  adju-  F or  a  general  court-martial,  the  adjutant-general  shall 
tant-general,  detail  and  notify  all  general  officers,  and  apportion  the 
in  case  of  a  number  of  other  officers  required,  to  the  several  brigades 

martial.00        tneJ  are  to  be  taken  from  5  and  give  not:>ce  thereof  to 
the  respective  division-inspectors,  or  brigade-majors,  who 
shall  detail  and  notify  said  officers,  and  return  make  to 
Dutyofdivis-  the  adjutant-general's  office.     In  a  division  court-mar- 
ion-inspector,    tial,  the  division-inspector,  or  an  aid-de-camp,  under  the 
in  case  of  a       direction  of  the  major-general,  ordering  said  court,  shall 
division  court-    ,    ..,        ,        -•/•ii.  101  ai 

martial.  detail  and  notify  the  general  officer  or  officers,  and  appor- 

tion the  other  officers  to  each  brigade,  and  give  notice 
thereof  to  the  respective  brigade-majors,  who  shall  detail 


Title  67.     MWtia.  351 

and  notify  the  field  officers,  required  of  their  brigades, 
and  return  thereof  make,  to  the  olfice  of  the  major-gene-  D       of  fari  ^ 
ral  ordering  said  court.      For  a  brigade  court-martial,  the  ade-major,  in 
brigade-major  shall  detail  and  notify  the  field  officers  re-  case  of  a  brig- 
quired  to  serve  on  said  court,  and  apportion  to  the  seve-  ade  c°urt- 
ral  regiments,  in  said  brigade,  the  number  of  captains  and 
subalterns  of  each  regiment,  and  notify  the  respective 
adjutants;  and  the  adjutants  of  each  regiment  shall  de- 
tail and  notify  them,  and  return  thereof  make  to  the  brig- 
ade major  ;  and  if  the  officer  to  be  tried  be  a  general  of-  Officer  accus- 
ficer,  he  shall  be  furnished  with  a  copy  of  the  order  for  ed  J°  be  («r- 
said  court,  and  a  copy  of  the  charges  in  arrest,  by  the  ad-  "opies™ 
jutant-general,  or  a  division  or  brigade-inspector,  as  the 
captain-general  shall  direct,  thirty  days  before  the  sitting 
of  said  court,  inclusive;  who  shall  also  make    return   >jt~£ — ^^7^ 
thereof,  with  the   names  of  the  officers  composing 
court,  to  the  judge-advocate  of  the  court;  and  if  he 
of,  or  under,  the  rank  of  a  field  officer,  he  shall  be  f 
nished  with  like  copies,  twenty  days  before  the  sitting  of 
the  court,  inclusive, -by  a  brigade-inspector,  or  adjutant 
of  the  regiment  to  which  the  arrested  officer  belongs,  as 
the  officer  ordering  the  court  shall  direct,  who  shall  re- 
turn the  same,  and  the  names  of  the  officers  composing 
the  court,  to  the  judge-advocate  of  the  court ;  and  it  shall  Judge-advo- 
be  the  duty  of  the  said  judge-advocate,  to  sumrnon,  or  cale  to  sum- 
cause  to  be  summoned,  such  witnesses  on  the  part  of  the 
state,  as  may  be  necessary,  by  subposna,  signed  by  the 
officer  ordering  the  court,  or  the  president  thereof,  or  the 
said  judge-advocate  ;  and  the  accused  shall  be  entitled  Accused  enti- 
to  the  like  process,  to  enable  him  to  procure  the  attend-  tled  t°  process 
ance  of  his  witnesses,  which  process  may  be  served  by  the  for  Wltnesses- 
judge-advocate,  or  by  any  disinterested  person,  by  him 
deputed.     The  members  to  compose  the  court,  shall  be  Members  of 
detailed  by  seniority,  in  a  regular  rotation  of  duty  ;  and  Jeeta°-?udrt' how 
all  charges  in  arrest,  shall  be  made  out  in  due  form,  by  charges  in  ar- 
way  of  complaint,  and  signed  by  the  party  complaining,  rest,  how 
addressed  to  the  officer  whose  duty  it  is  to  order  the  made  out. 
court  ;  specifying  the  act  or  neglect,  of  which  the  accus- 
ed is  supposed  to  be  guilty,  and  praying  due  process,  be- 
fore said  officer  shall  order  a  court-martial,  for  the  trial  of 
the  accused  officer.     The  members  of  the  court,  before 
they  enter  upon  the  trial  of  any  person  accused,  shall 
take  the  following  oath,  to  be  administered  by  the  judge- 
advocate,  to  wit:  "  You  swear,  that  you  will  truly  try  Oathoftbe 
and  determine,  according  to  the  evidence  given  in  court,  mem' .  rsoi 
the  matters  depending  between  this  state,  and  the  offi-  the  court, 
cer  or  officers  now  to  be  tried  ;  that  you  will  not  divulge 
the  sentence  of  the  court,  until  the  same  shall  have  been 
approved  or  disapproved,  pursuant  to  law ;  neither  will 


352  Title  67.     Militia. 


y 
h 


ou,  at  any  time,  disclose  the  vote  or  opinion  of  any  mem" 
er  of  the  court,  unless  required  by  due  course  of  law  : 
So  help  you  Go</."     All  other  oaths,  which  it  may  be  ne- 
Other  oaths,     cessary  to  administer,  during  the  court,  may  be  adminis- 
how  adminis-    tered,  by  any  general  or  field  officer,  or  by  the  judge  ad- 
tered.  vocate. 

Judge-advo-          SECT.  41.  There  shall  be  appointed,  and  commissioned, 

cates,  howap-  by  the  captain-general,  for  each  county,  a  judge-advocate, 

who  shall  do  the  duties  of  that  office,  in  all  courts-martial 

their  duty;       assembled  and  held  in  the  county,  for  which  he  is  ap- 

pointed ;    who   shall  take  the   following  oath,  to   wit  : 

and  oath;         "You  swear,  that  you  will  not,  at  any  time  whatever, 

disclose  the  vote,  or  opinion,  of  any  member  of  any  court- 

martial,  in  which  you  may  be  called  to  act,  unless  requir- 

ed, by  due  course  of  law  ;  nor  divulge  the  sentence  of  any 

such  court,  till  the  same  shall  have  been  approved  or 

disapproved,  pursuant  to  law  ;  and  that  you  will,  faithfully 

and  impartially,  do  the  duty  of  judge-advocate,  according 

ky  whom  to  be  to  your  best  abilities  :  So  help  you  Goflf."     Which  oath 

administered,    maj  be  administered  by  any  judge,  Qr  justice  of  the 

and  certified,    peace,  and  a  certificate  thereof  shall  be  made,  by  such 

judge  or  justice,  on  the  commission  of  the  judge-advocate, 

sworn  as  aforesaid  ;  and  the  judge-advocate,  so  appointed 

and  sworn,  shall  hold  his  office,  during  the  pleasure  of  the 

Whenajudge-  capta^-  general.     Whenever  the  judge-advocate  of  the 

advocate  of  an  county,  by  reason  of  interest,  or  relationship  to  any  offi- 

coimty^nay       cer  *°  ^e  tried,  sickness,  or  any  other  cause,  cannot  act 

officiate.  in  any  court  martial  to  be  assembled  and  held  in   the 

county,  to  which  he  belongs,  the   officer  ordering  the 

court,  may  designate   and  order  the  judge-advocate  of 

any  adjoining  county,  to  officiate  in  said  court-martial. 

Exception  to         SECT.  42.  If,  on  trial,  the  accused  shall  except  against 

members  of      any  one  Or  more  of  the  members  of  the  court,  he  shall 

fhecourt.          state  the  ground  of  his  objections,  and  if  it  appear  to  the 

court  sufficient,  the  member  or  members  objected  to,  shall 

leave  their  seats  ;  and  if  the  number  remaining  be  less 

than  nine,  the  court  shall  be  adjourned  lor  a  reasonable 

time,  that  the  officer  appointing  the  court,  may  detail 

others,  to  supply  the  place  or  places  of  such  members. 

Limitation  of  And  no  court-martial  shall  order  any  other  punishment, 

punishment,  to  tnan  a  £ne   no^  exceeding  one  hundred  dollars,  and  repri- 

a^ourt^mar-  ^  mand,  or  either;  or  a  fine  not  exceeding  one  hundred 

tial..  and  fifty  dollars,  and  cashiering,  with  disability  of  holding 

any  military  office  in  the  state,  or  either  of  those  punish- 

ments ;  and  two  thirds  of  every  court  shall   concur  in 

Arrested  offi-     every  sentence.     And  in  case  an  officer  under  arrest, 

cer  refusing  to  shall  refuse  or  neglect  to  attend  a  court-m  srtial,  accord- 

finSand^ash-  >ngto  orders  and  notice  given  him,  he  shall,  by  said  court, 

iered.  be  sentenced  to  pay  a  fine,  not  exceeding  two  hundred 


Title  67.     Militia.  353 

dollars,  and  be  cashiered,  with  disability  of  ever  holding 
any  military  office  in  this  state,  unless  prevented  by  sick- 
ness, or  some  other  reasonable  cause,  in  which  case,  the 
court  shall  have  power  to  adjourn,  and  notice  thereof 
shall  be  given,  by  the  judge  advocate,  to  the  arrested  offi- 
cer, at  least  ten  days  before  the  day  to  which  the  court 
is  adjourned.     And  the  fines  imposed  by  said  courts-mar-  Fineg  &c  how 
tial,  shall  be  to  and  for  the  use  of  this  state,  and  shall  be  collected  and 
collected  by  a  warrant,  under  the  hand  of  the  president  disposed  of. 
of  the  court,  directed  to  a  sheriff,  or  some  other  proper 
officer,  and  be  by  him  paid  to  the  state  treasurer.     And  in  Warrants  for 
all  cases  in  which  a  line  or  costs  shall  be  awarded,  by  a  fines,  &c.  to 
court  martial,  and  the  sentence  of  such  court  shall   be  .be  signed  by 
approved,  and  the  president  of  such  court  shall  die,  be 
discharged  or  promoted,  without  having  issued  a  warrant 
for  such  fine  or  costs,  it  shall  be  the  duty  of  the  member 
ot  said  court  remaining  next  in  rank  to  said  president,  to 
issue  such  warrant. 

SKCT.  43.   If  any  witness,  duly  summoned,  shall  refuse  Witnesses  re- 
to  obey  such  summons,  he  shall  be  committed  to  gaol,  in  ten'd^tobeVm 
the  county  where  he  lives,  by  warrant  from  the  president  prisoned, 
of  the  court,  directed  to  a  sheriff,  his  deputy  or  a  consta- 
1)    .within  their  respective  jurisdictions,  there  to  be  held  at 
his  owii  expense,  until  he  will  conform,  and  give  evidence, 
in  the  case,  or  be  discharged  by  due  course  of  law.     And 
all  witnesses,  summoned  on  the  part  of  the  state,  and  the  Fees  of  wit- 
judge-advocate  for  summoning  them,  shall,  for  travel  and  nesses,  £c. 
attendance,  have  the  same  fees  as  are  allowed  in  civil 
causes,  to  be  taxed  by  the  president  of  the  court ;  which 
expenses  shall  b^  paid  to  the  judge-advocate,  by  the  state,  faow   aW 
and  when  received,  be,  by  him,  paid  over  to  the  persons, 
to  whom  the  money  is  due.     And  if  the  sentence  of  the 
court  is  against  the  accused,  and  the  same  shall  be  duly 
approved,  the  said  expenses  shall,  by  warrant,  under  the 
ha. -id  ot  the  president  of  the  court,  directed  in  manner 
afore.-aid,  be  collected  of  the  delinquent,  and  paid  into 
th  •    slate   treasury.       And  the  members  of   said  court 
slmii  be  allowed  nine  cents  per  mile,  for  travel  to  and 
f]n:;i  the  place  of  holding   said   court,  and  one  dollar  COUrt. 
per  day,  for  each  day  during  its  sitting  ;  and  there  shall 
be  allowed   to  the  person,  in  whose  house  the  court  is  Room-rent, 
hoiden,  not  exceeding  two   dollars  per  day,  in  full  of  &c- 
room-rent,  fire-wood,  arid  candies  ;  and  a  bill  of  the  same 
1)  sing  taxed  and  signed,   by  the  president,  shall  be  paid 
fro:n  the  state  treasury  ;  and  the  judge-advocate  shall  be  Com  ensation 
allowed  twenty-five  cents  for  every  legal  page  of  the  Of  the  judge" 
copy  of  the  proceedings,  and  record  of  the  court-martial,  advocate  for 
to  be  taxed  i    the  same  manner.     The  senten-  c°Pies'  &c> 

cesof  courts-mariiaishall  be  approved,  or  disapproved,  bv 
4.5 


Title  67.     Militia. 

Sentence  to  be  the  captain-general,  who  shall  also  have  the  power  of 
mitigating,  or  remitting,  any  punishment,  awarded  by  the 
sentence  of  any  court-martial,  when  such  sentence  shall 
tain-general,  have  been  approved  ;  and  the  record  of  the  proceedings 
Record  to  be  and  sentence  of  courts-martial,  in  every  case,  with  the 
deposited  in  orcier  approving  or  disapproving  the  same,  shall  be  de- 
office.^  a  posited  in  the  office  of  the  secretary  of  state. 

SECT.  44.  Every  person,  who  shall  remove  from  any 
other  state,  into  this  state,  shall  be  liable  to  do  duty  in 
the  militia  thereof,  at  the  same  time,  and  in  the  same 
manner,  as  if  he  removed  from  the  limits  of  one  compa- 
ny into  those  of  any  other,  within  this  state. 

SECT.  45.  No  person  liable  to  perform  military  duty, 
in  any  enlisted  company,  and  no  person  under  thirty  years 
of  age,  shall  be  exempted  from  doing  military  duty,  by 
serving  as  a  fire-man,  in  any  company,  constituted  to  con- 
duct and  work  a  fire-engine. 
What  officer*-  SECT.  46.  All  general  officers  and  their  staff,  the  adju- 

shall  do  duty    tant.general,  the  quarter-master-general,  and  his  assist- 
on  horse-back.  ,          . &.  .          ? 

ants,  the  commissary-general,  and  his  assistants,  the  pay- 
master-general,   all    field   officers,    and    adjutants,    and 
quarter-mastejrs,  shall  do  duty  on  horse-back  ;  chaplains, 
pay-masters  and  surgeons,  may,  on  days  of  general  re- 
view,   appear  on  horse-back  ;  and  all  other  officers  of 
'*'  infantry,  artillery,  and  rifle-men,  shall  do  duty  on  foot. 
An  officer  de-         SECT.  47.  If  any  person  holding  a  commission  in  the 
removed3,!1?    militia  of  this  state'  and  detached  to  hold  himself  in  read- 
another  officer  iness  for  service,  by  virtue  of  an  act  of  the  United  States, 
to  be  detached  has  been,  or,  during  the  period  for  which  the  detachment 
in  his  stead.     jg  ma(je;  shall  be,  removed  by  death,  disabled,  promoted, 
or  discharged  from  such  detachment,  the  commander  in 
chief  of  the  militia,  shall  have  authority  to  cause  some 
other  proper  officer  of  the  militia,  to  be  detached  to  serve 
in  the  stead  of  the  officer  so  removed,  disabled,  discharg- 
ed, or  promoted. 

Colors,   how        SECT.  48.  Whenever  colors  shall  be  wanting  in   anj 
to  be  furnish-  regiment,  they  shall  be  furnished  by  the  quarter-master- 
general,  with  the   approbation  of  the   captain-general, 
upon  application  being  made  for  that  purpose,  by  the 
commandant  of  the  regiment. 

Supernumera-        SECT.  49.  If  upon  any  reorganization  of  the  militia,  or 
ry  officers  to    reduction  of  any  corps  thereto  belonging,  there  shall  be 
rankn&c.eir      supernumerary  officers,  they  shall  not  be  considered  as 
dismissed,  but  shall  retain  their  rank,  be  considered  in 
the  tine  of  promotion,  and  be  liable  to  fill  any  vacancies 
that  may  happen,  at  the  discretion  of  the  captain-gene- 
ral. 

guard^hOTv*        SECT.  50.  The  commanders  of  the  several  companies 
enlisted.  of  guards,  are  hereby  authorized,  with  the  approbation 


Titk  67.     Militia.  355 

of  the  captain-general,  to  enlist  men,  from  time  to  time. 
to  fill  their  companies,  from  any  of  the  battalion  compa- 
nies ;  and  said  commanders  of  the  guards,  are  hereby 
severally  empowered  to  enlist,  from  time  to  time,  as  may 
be  necessary,  from  any  of  the  militia  companies,  suitable 
persons  to  be  musicians  for  their  companies,  respectively ; 
but  no  enlistment  shall  be  thus  made,  from  any  militia 
company,  of  any  person  appointed  and  acting  as  a  musi- 
cian in  such  company. 

SECT.  51.  The  commanding  officer  of  any  company  of  Commander  of 
guards,  shall  have  power  to  order  the  musicians,  or  any  guards  may 
part  of  them,  belonging  to  his  company,  to  assemble  at  ^g^8^. 
such  times  and  places  as  he  shall  direct,  for  practice  and  bie  forprac- 
instruction,  not  exceeding,  together  with  the  number  of  tice,£c. 
days  such  musicians  shall  be  called  to  do  duty  with  their 
company,  the  whole  number  of  days  which  said  company 
may,  by  law,  be  called  out  for  company  exercise ;  aftd  if 
any  musician  shall  neglect  or  refuse  to  obey  such  order, 
he  shall  be  liable  to  the  same  fine  as  is,  or  shall  be,  pro- 
vided by  law,   for  non-attendance  on  days  of  ordinary 
company  exercise  ;    and  such  musician  shall  have  the 
same  right  to  appeal,  as  is  given  to  him  by  law  in  other 
cases. 

SECT.  52.  The  commanding  officer  of  any  company  of  Power  to  dis- 
guards,  is  hereby  authorized  and  empowered,  to  dismiss  ™ards°m 
from  his  company  every  non-commissioned  officer,  musi- 
cian and  private,  belonging  thereto,  who  shall  be  guilty 
of  gross  neglect  of  duty,  disobedience  of  orders,  or  unsol- 
dier-like  behavior;  and  thereupon,  the  person  so  dismis- 
sed shall  be  liable  to  do  military  duty  in  the  same  man- 
ner, as  if  he  had  never  enlisted  into  such  company  of 
guards ;  and  upon  notice  of  such  dismission,  by  the  officer 
giving  the  same,  to  the  commanding  officer  of  the  militia 
company,  within  the  limits  of  which  the  person  so  dismis- 
sed, shall  reside,  it  shall  be  the  duty  of  such  commanding 
officer,  to  cause  such  person  to  be  enrolled  in  his  compa- 
ny, immediately.  But  if  any  such  non-commissioned  offi- 
cer, musician,  or  private,  shall  be  aggrieved,  by  being 
dismissed  as  aforesaid,  he  may,  within  thirty  days,  after 
receiving  notice  of  his  dismission,  appeal  to  the  captain- 
general,  who  is  hereby  authorized  to  examine  into  the 
matter,  and  finally  to  annul  or  confirm  such  dismission. 

SECT.  53.  The  captain-general  is  hereby  fully  author-  Power  of  the 
j/e.d  and  empowered,  to  establish  uniforms  for  such  corps,  caP*ain-gen- 
as  have  not  an  uniform  established  according  to  law  ;  to  to^riform  T" 
designate  badges  for  all  officers  of  the  militia,  which  badg-  bad<res . 
es,  and  none  other,  shall  be  worn  by  such  officers,  when 
in  uniform,  and  on  duty;  and  he  is  hereby  fully  author-  thc  discharge 
ized  to  discharge  commissioned  officers,  staff-officers  and  of  officers  • 


Title  68.     Mills. 


rank  of  regi- 
ments ; 
rank  of  com- 
panies ; 
local  limits  of 
companies ; 
delegation  of 
authority  to 
generals,  &c. 


Copies  of  re- 
turns to  be 
laid  before  the 
legislature,  in 
May,  annually. 

Secretary  to 
make  return  to 
the  adjutant- 
general  of  ap- 
pointments, 
&c. 


Rates  of  toll 
regulated. 


Penalty  for 
taking  more 
than  the  legal 
rate  of  toll. 


Sealed  mea- 
sures to  he 
provided  for 
oach  mill. 


sergeants :  to  settle  the  rank  of  regiments,  at  the  time  of 
forming  them,  and  number  the  same ;  to  settle  the  rank 
of  companies  in  each  regiment,  at  the  time  of  forming 
them,  and  number  the  same  ;  to  aiterthe  local  limits  of 
companies,  and  to  form  and  reduce  companies,  as  the  in- 
terest of  the  militia  may  require,  consistently  with  the 
laws  of  this  state,  and  of  the  United  States  ;  to  delegate  to 
major-generals  and  brigadier-generals,  the  power  to  dis- 
miss officers  :  and.  generally,  to  exercise  all  the  powers 
necessary  to  carry  into  effect,  the  provisions  of  this  act. 
And  he  is  requested  to  cause  official  copies  of  the  annual 
and  inspection  returns  of  the  militia,  to  be  laid  before  the 
legislature,  at  their  session  in  May.  annually. 

SECT.  54.  It  shall  be  the  duty  of  the  secretary  of  this 
state,  within  one  week  after  the  rising  of  the  general  as- 
sembly, to  make  a  return  to  the  adjutant-general,  of  all 
such  general  or  field  officers,  as  shall  have  been  discharg- 
ed or  appointed,  at  such  session. 

TITLE   68.     Mitts. 
An  Act  concerning  Mills  and  Millers. 

J~\}LA  it  enacted  by  the  Senate  and  House  of  Rep- 
JJ  resentatives,  in  General  Assembly  convened, 
That  any  miller,  may  take  as  toll,  for  grinding  each  bush- 
el of  Indian  corn,  three  quarts  thereof;  and  for  grinding 
each  bushel  of  other  grain,  except  malt,  he  may  take  two 
quarts  thereof;  and  for  grinding  each  bushel  of  malt,  he 
may  take  one  quart  thereof,  and  no  more  ;  and  for  bolt- 
ing each  bushel  of  meal,  he  may  take  one  pint,  and  no 
more. 

SECT.  2.  If  any  miller  shall  take  or  receive  a  greater 
fee,  or  toll,  for  grinding  or  bolting,  than  is  herein  allowed 
and  stated,  he  shall  forfeit  and  pay  the  sum  of  two  dollars, 
for  each  time  he  shall  be  found  guilty  thereof,  one  half 
to  him  who  shall  sue  for  the  same  to  effect,  and  the  other 
half  to  the  treasury  of  the  town,  where  the  offence  shall 
be  committed. 

SECT.  3.  And  there  shall  be  provided  for  each  grist- 
mill, by  the  owner  or  owners  thereof,  the  following  seal- 
ed measures,  to  wit :  one  of  a  pint,  one  of  a  quart,  and 
one  of  two  quarts,  for  toll  measures  ;  with  an  instrument 
to  strike  the  same ;  and  the  measures  shall  always  be 
striken,  when  toll  is  taken  for  the  grinding  or  bolting  of 
grain,  at  a  mill. 


Title  69.     New-gatt.  357 

TITLE  69.     New-gate. 

An  Act  concerning  New-gate  Prison. 

TTjE  it  enacted  by  the  Senate  and  House  of  Rep- 

("['      '   MJ  resentalives,  in  General  Assembly  convened, 
That  the  cavern,  land,  buildings  and  appurtenances  be-  New-gate 
longing  to  this  state,  in  Granby,  called  New-gate  Prison,  Kicwork* 
shall  be  and  remain  a  public  gaol  and  work-house,  for  the  house  and 
use  of  this  state,  and  shall  be  kept  and  maintained  in  good  prison,  for  the 
and  sufficient  repair,  at  the  expense  of  this  state. 

SECT.  2.   There  shall  be  three  overseers  of  said  prison,  Overseers, 
appointed,  from  time  to  time,  by  the  general  assembly,  as 
there  may  be  occasion  ;  who  are  authorized  and  empow- 
ered to  appoint  a  master  or  keeper  of  said  prison,  as  of- 
ten as  may  be  necessary  ;  which  master  or  keeper  shall  Keeper  ofthe 
be  subject  to  be  removed,  at  the  pleasure  of  said  over-  Pnson- 
seers ;  and  said  master  or  keeper  shall  be  assisted  with 
such  number  of  men,  not  exceeding  ten,  as  shall  be  order-  Guard, 
ed   by  said  overseers,   in  safe-guarding    said  prisoners, 
and  keeping  them  at  hard  labor. 

SECT.  3.  The  master  or  keeper  of  said  prison,  shall  Duty  of  keep- 
keep  all  such  persons  as  have  been,  or  shall  be,  sent  there,  er'  u!  relat»on 
l>\  warrant  from  lawful  authority,  to  such  labor  as  they 
shall  be  capable  of  doing,  and  as  shall  be  directed  by  said 
o\<Tseers,  for  such  time  as  they  shall  be  sentenced  to  re- 
main therein  ;  and  may  confine  them  at  their  labor,  or 
punish  them,  by  putting  fetters  and  shackles  on  them,  and  ishment. 
by  moderate  whipping,  not  exceeding  ten  stripes  for  any 
one  offence  ;  which  punishment  may  be  inflicted,  in  case 
they  be  stubborn  or  disorderly,  or  do  not  well  and  faith- 
fully perform  their  task,  as  they  shall  be  reasonably  re- 
quired, or  in  case  they  shall  not  submit  to  such  rules  and 
orders  as  shall  be,  from  time  to  time,  established,  for  the 
well-ordering  and  governing  ofthe  same. 

SEct.  4.  The  master  or  keeper  shall,  whenever  requir-  Keeper  t 
ed  by  said  overseers,  render  his  account  to  them,  ofthe  ccT^Y^ 
labor  and  earnings  of  such  prisoners,  and  for  the  materi-  seers. 
als  which  he  shall  receive,  to  be  wrought  by  said  prison- 
ers, or  any  persons  employed  with  them,  and  pay  anil  de- 
liver to  said  overseer  the  amounts  thereof. 

SCOT.  5.  The   overseers  for  the  time  being,  shall  pro-  Duty  of 
vide  for  such  prisoners  necessary  and  suitable  food  and  seers, 
cloathing,  and  also  such  tools,  implements  and  materials 
as  shall  be  proper  for  employing  and  keeping  such  pris- 
oners to  work;  and  shall   also  provide  for  the  relief  of 
any  sick  or  weak  prisoner,  and    shall   be  paid    for  the 


35»  Title  69.     New-gate. 

same,  out  ol'the  earnings  of  said  prisoners,  if  the  same  be 
sufficient,  and  if  not,  the  surplus  shall  be  paid  out  of  the 
treasury  of  the  state.  And  said  overseers  for  the  time 
being,  are  empowered  and  directed  to  dispose  of  the  pris- 
oners committed  to  said  prison,  when  not  employed  in 
labor,  in  the  caverns,  in  the  apartment  called  the  sir.nc 
prison,  and  in  the  house  called  the  upper  prison,  either 
by  classes,  or  in  solitary  cells,  as,  in  their  opinion  will 
most  conduce  to  the  order  and  safety  of  said  prison,  to 
limit  the  influence  of  bad  examples  and  counsels  among 
the  prisoners,  and  to  promote  their  return  to  the  practice 
and  habits  of  virtue  :  and  it  shall  be  the  duty  of  said 
overseers  to  confine  such  sick  prisoners,  as  from  time  to 
time,  may  need  special  attention,  in  the  building  called 
the  hospital. 

Overseers  to          SECT.  6.  The  overseers  shall  keep  true  accounts  of 

coiuTts^nu-"  their  conduct  'm  that  capacity,  and  shall,  annually,  in  the 

ally?8'  month  of  May,  settle  and  adjust  said  accounts  with  the 

comptroller  of  this  state,   or  with  such  other  person  or 

persons  as  the  general  assembly  may,  from  time  to  time, 

appoint  for  that  purpose,   and  oftener,  if  they  shall  be 

To  make  rules  thereto  required.      And  said  overseers  shall   and  may 

for  governing     make  all  necessary  rules  and  orders  for  governing  such 

prisoners ;         persons  as  may  be  committed  to  said  prison  ;  and  such 

rules  and  orders  shall  be  of  force,  and  shall  be  duly  exe- 

ecuted. 

for  govern-  SE<~"T.  7.  The  overseers  shall  be,  and  they  hereby  are 

ing  the  guard,    authorized  and  directed  to  make  such  rules  and  regula- 
tions for  the  government  and  punishment  of  the  guard, 
Proviso,  limit-  as  t|iey  snau  judge  proper  ;  provided,  that  no  punishment 
™fn]-uni  shall  be  inflicted  on  any  of  them,  by  force  of  such  regula- 

tions, except  amercement,  and  to  an  amount  not  exceed- 
ing three  months'  wages,  arid  their  cloathing  supplied  by 
Rules  relative  the  state  :  and  also,  to  make  such  rules  and  regulations, 
to  spectators.  reiatjve  to  spectators,  and  others,  who  may  be  admitted 
within  the  piquets,  or  who  shall  be  found  lurking  without 
the  piquets,  as  the  case  may  require  ;  and  to  enforce 
such  regulations,  by  rendering  the  offenders  liable  to  be 
apprehended,  to  be  put  under  guard,  to  be  turned  out  of 
the  prison-yard,  and  secluded  from  the  environs  of  the 
prison,  or  in  case  of  obstinacy,  or  apparent  design  of  as- 
sisting the  prisoners  to  escape,  either  by  force  or  fraud, 
to  be  confined  in  any  suitable  apartment  of  the  prison, 
except  the  caverns,  until  they  can  be  otherwise  disposed 
of  according  to  law  ;  provided,  that  no  person,  so  confin- 
ed, shall  be  held  in  confinement,  by  virtue  of  such  regu- 
lations, for  any  alleged  breach  thereof,  for  a  longer  peri- 
od than  twenty-four  hours. 


Title  69.     New-gate.  359 

SECT.  8.  If  any  prisoner,  at,  or  after  the  time  of  con-  In  what  cases, 
fineraent  for  which  he  was  sentenced,  shall  be  retained  in  {JS^/6" 
prison,  solel)  on  account  of  the  costs  of  prosecution,  and  costs  may  be 
such  prisoner,  in  the  opinion  of  said  overseers,  shall  be  discharged, 
unable  to  satisfy  said  costs,  and  it  shall  appear  to  said 
overseers,  that  he  has  conducted  well  during  the  period  of 
his  confinement,  or  if  he  shall  be  unable  to  labor,  the  mas- 
ter or  keeper  of  said  prison,  by  the  consent  and  advice 
of  the  overseers,  shall  be,  and  hereby  is  authorized  to 
accept  die  note  of  such  prisoner,  for  the  amount  of  said 
costs,  payable  to  the  treasurer  of  this  state,  for  the  time  be- 
ing, and  there'ipon  to  discharge  said  prisoner  from  con- 
finement.    But  if  such  prisoner,  in  the  opinion  of  said 
overseers,  has  not  conducted  well,  during  the  period  of 
his  confinement,  and  shall  be  able  to  labor,  said  overseers 
may  direct  the  master  or  keeper  of  the  prison  to  hold  him  or  held  in  ser 
in  service,  within  said  prison,  ai.d  for  such  term  as  may  vice, 
be  limited  by  said  overseers,  to  pay  said  costs  ;  who  are 
directed  to  allow  such  prisoner  customary  journeyman's 
wages  for  like  services  .  and  the  master  or  keeper  of  the 
prison  shall  have  power  to  confine  such  prisoner  at  his  la- 
bor, so  far  as  the  safe-keeping  of  the  prisoners,  in  general, 
may  demand. 

SECT.  9.  If  any  prisoner  shall  make  his  escape,  and  Expenses  oi 
shall  be  retaken,  and  recommitted,  the  necessary  expen-  recaption,  at- 
ses  of  pursuit  and  recommitment,  to  be  allowed  by  the  ter  escape,  to 
overseers,  shall  be  added  to  the  original  costs  of  prosecu-  original  costs 
tion,  and  be  subject  to  the  provisions  of  law  relating  to 
said  original  costs  ;  and  in  every  case  of  recommitment, 
the  time  elapsed  between  the  escape  and  recommitment, 
shall  not  be  computed  as  part  of  the  term  of  imprison- 
ment for  which  such  prisoner  is  sentenced. 

SECT.    10.  New-gate  prison  may  be  used,  under  the  New-gate  pri- 

authorityof  the  United  States,  for  the  purpose  of  confin-  ™ttfa£Ib?™' 
i  J    f    i  ,  ed  for  United 

ing  and  sale-keeping  any  prisoner  or  prisoners,  who  may  states  prison- 
have  been,  or  hereafter  may  be,  sentenced  to  imprison-  ers. 
ment  and  labor,  in  any  court  of  the  United  States,  within 
the  district  of  Connecticut,  for  the  violation  of  any  act 
or  acts  of  the  congress  of  the  United  States  :  Provided 
always,  that  the  expense  of  supporting  and  confining  such 
prisoner  or  prisoners  in  said  new-gate  prison,  shall,  in  all 
ca?es,  be  paid  by  the  United  States. 

SECT.   II..  The  master  or  keeper  of  new-gate  prison,  Keeper  and 
and  the  officers  and  privates  of  the  guard  under  his  com-  guard  protect- 
mand,  shall  not  be  liable  to  arrest  and  imprisonment  on  ecl  fi;om  arrest 
mesne  process,  or  execution,  in  any  civil  suit,  for  and  oncivilpro- 
during  the  period  of  their  respective  service  atsaid  prison. 
Provided  nevertheless,  that  whenever  a  demand  shall  be 
made  against  any  such  master,  ofticer  or  private,  to  the 


360  Title  70.     Notes  and  Bills. 

Proviso,  as  to    amount  of  fifty  dollars,  it  shall  be  the  duty  of  the  overseers 

them^8105       of  said  Prison'  'A  on  enquiry,  they  shall  be  satisfied  that 

such  demand  is  bonajide,  and  not  arising  from  fraud  or 

collusion,  to  discharge  such  officer  or  private,  as  soon  as 

the  safety  of  the  prison  will  admit.     Provided  also,  that 

statute  oflim-    no  statute  of  limitation  shall  run  in  favor  of  such  master, 

itations.  officer  or  private,  during  the  period  of  his  service  at  said 

prison. 

TITLE  70.     Notes  and  Bills. 

An  Act  concerning  Promissory  Notes  and  Bills  of 
Exchange. 


& 


E  it  enacted  by  the  Senate  and  House  of  Rep- 

I  resentatives,  in  General  Assembly  convened, 

What  n#»       That  all  promissory  notes,  duly  executed,  to  the  amount 

shall  be  nego-       *•.••_._£        jn  r       .,  i,  ..     r 

tiable  °*  mirty-tive  dollars,  or  more,  tor  the  payment  01  money 

only,  and  made  pavable  to  any  person  or  persons,  or  his, 

her  or  their  order,  or  to  the  bearer,  shall   be  assignable 

and  negotiable.,  according  to  the  custom  of  merchants, 

Proviso,  as  to  and  the'law  relating  to  inland  bills  ot  exchange:   Provid- 

"Se  court""       ed>  that  nothing  in  this  act  contained  shall  be  construed 

to  vary  the  jurisdiction  of  the  court,  in  relation  to  the 

maker  of  such  promissory  note  ;  and  provided  also,  that 

as  to  bills  of    tms  11C*  s'ia"  no*  ^e  Con8trued  to  authorize  any  person 

credit.  or  persons,  to  issue  bills  of  credit,  to  be  used  as  a  general 

currency,  or  medium  of  trade,  in  lieu  of  money. 
In  what  cases,  SECT.  2.  Whenever  any  bill  of  exchange,  hereafter  to 
be  drawn  or  negotiated  within  this  state,  upon  any  person 
or  persons,  of,  or  in  any  state,  territory,  or  district  of  the 
United  States,  shall  be  returned  unpaid,  and  shall  have 
been  duly  protested  for  non-payment,  in  the  manner 
usual  in  cases  of  foreign  bills  of  exchange,  the  person  or 
persons  to  whom  the  same  shall  or  may  be  payable,  shall 
be  entitled  to  recover  and  receive  of  and  from  the  draw- 
er or  drawers,  or  the  endorser  or  endorsers,  of  such  bill 
of  exchange,  the  damages  hereafter  specified,  over  and 
above  the  principal  sum  for  which  such  bill  of  exchange 
shall  have  been  drawn,  together  with  lawful  interest  on 
the  aggregate  amount  of  such  principal  sum  and  damages, 
from  the  time  at  which  notice  of  siu  h  protest  shall  have 
been  given,  and  the  payment  of  the  said  principal  sum  and 
damages  shall  have  been  demanded  ;  that  is  to  say,  if  such 
bill  shall  have  been  drawn  upon  any  person  or  persons  of, 
Rates  of  dam-  or  in  the  city  of  New-York,  in  the  state  of  New- York, 
aSes<  two  per  cent  upon  the  principal  sum  specified  in  such 

bill ;  if  upon  any  person  or  persons  of,  or  in  the  states  of 


Title  71.     Nuisances.  361 

New-Hampshrre,  Vermont,  Maine,  Massachusetts,  Rhode- 
Island,  New- York,  (excepting  the  city  of  New- York,) 
New-Jersey,  Pennsylvania,  Delaware,  Maryland  or  Vir- 
ginia, or  of  or  in  the  district  of  Columbia,  three  percent 
upon  such  principal  sum  ;  if  upon  any  person  or  persons 
of  or  in  the  states  of  North-Carolina,  South-Carolina, 
Ohio,  or  Georgia,  five  per  cent  upon  such  principal  sum ; 
or  if  upon  any  person  or  persons  of  or  in  any  other  state, 
territory,  or  district  of  the  United  States,  eight  per  cent 
upon  such  principal  sum  ;  such  damages,  so  to  be  recov- 
ered  and  received,  to  be  in  lieu  of  interest,  and  all  other 
charges,  to  the  time  at  which  the  notice  of  such  protest 
and  demand  of  payment  as  aforesaid  shall  have  been 
made  and  given  as  aforesaid  ;  and  the  amount  of  such  bill, 
an«l  the  damages  payable  thereon,  as  above  specified, 
shall  be  ascertained  and  determined  without  any  refer- 
ence  to  the  rate  of  exchange  existing  at  the  time  of  such 
notice  and  demand  of  payment  as  aforesaid, 

TITLE  71.    Nuisances. 

An  Act  to  prevent  and  remove  Nuisances  in 
Highways,  Rivers,  and  Water-courses. 

IT)  E  it  enacted  by  the  Senate  and  House  of  Rep- 
CT.     .    J^  resentatives,  in  General  Assembly  convened, 
That  if  any  person  or  persons  shall  lay,  or  cause  to  be  What  shal} 
laid,  in  any  highway,  stones,  trees,  timber,  wood,  rubbish,  constitute  a 
or  any  other  thing,  or  shall  dig  up  the  ground,  or  shall  set  mnsance- 
up  any  gates,  bars,  rails  or  fence  across  such  highway,  or 
erect  any  buildings  therein,  by  which  the  passage  of  trav- 
ellers shall  be  obstructed,  prevented,  or  endangered,  or 
such  highway  annoyed,  or  in  any  way  incumbered,  the 
same  shall  be  deemed  a  common  nuisance,  and  it  shall  be 
lawful  for  any  person  or  persons  to  remove  them  as  such ; 
and  every  person  so  offending,  shall  forfeit  the  sum  of  p 
four  dollars,  one  half  to  him  who  shall  prosecute  to  effect, 
and  the  other  half  to  the  treasury  of  the  town  where  the 
offence  is  committed  :  and  the  court  before  whom  a  con- 
viction is  had,  shall  order  the  defendant  to  remove  such  R  f 
nuisance  within  thirty  days,  and  on  failure  thereof,  the  nuisances. ° 
same  shall  be  removed,  by  any  constable  of  the  town,  at 
the  expense  of  the  defendant ;  and  such  court  may  ascer- 
tain and  tax  such  expense,  and  issue  an  execution  for  the 
same  :  provided,  that  this  act  shall  not  be  construed  to  Provis*. 
extend  to  turnpike  gates,  buildings  and  fences,  authorized 
to  be  erected  by  the  general  assembly. 
46 


362  Title  71.     Nuisances. 

Encroach-  SECT.  2.  If  any  person  has,  within  the  space  of  fifteen 

ways  how  vears  Prior  to  the  first  d.a?  of  June'  one  thousand  eight 
removed.  hundred  and  nine,  or  since  that  time,  taken,  or  shall 
take,  any  part  of  a  highway  into  his  field  or  inclosure^ 
or  erect  any  fence  thereon,  in  such  manner  that  said 
highway  is  made  narrower  than  before,  the  select-men 
of  the  town  wherein  the  offence  is  committed,  or  a 
committee  appointed  by  the  town  for  that  purpose,  (and 
every  town  is  hereby  authorized  to  make  such  appoint- 
ment,) are  directed  and  empowered  to  give  notice  or 
warning  to  the  person  or  persons  so  offending,  to  remove 
such  fence  or  encroachment,  within  a  reasonable  time, 
not  exceeding  one  month  after  such  notice  ;  and  if  they 
neglect  to  remove  such  fence  or  encroachment,  then  the 
select-men,  or  committee,  shall  remove  the  same,  and 
shall  have  right,  in  a  proper  action,  to  recover  the  ex- 
pense thereof,  from  the  person  or  persons  making  such 
encroachment. 

Penalty  for  SECT.  3.  If  the  person  who  erected  the  encroachment 

repeating  the  so  removed,  shall  take  in,  by  a  fence,  the  same,  or  a 
greater  or  less  part  of  the  highway,  where  his  fence  has 
been  removed  as  aforesaid,  he  shall  incur  the  penalty  of 
seven  dollars,  for  every  such  offence,  as  often  as  repeated, 
one  half  to  the  select-men,  or  committee,  who  gave  the 
warning  and  removed  the  fence,  and  who  shall  prosecute 
to  effect,  and  the  other  half  to  the  treasury  of  the  county 
where  the  offence  is  committed  ;  and  where  the  prosecu- 
tion is  against  the  owner  of  the  inclosure  into  which  the 
highway  is  taken,  he  shall  be  deemed  guilty  thereof,  on 
proof  that  part  of  the  highway  has  been  so  inclosed, 
unless  he  can  satisfy  the  court,  that  it  was  not  done  by 
him,  or  by  his  procurement  or  consent.  And  when  such 
fence  has  once  been  removed,  it  shall  be  lawful  for  the 
select-men,  or  committee,  to  remove  it,  as  often  as  it  shall 
be  erected  again,  without  further  notice  or  warning. 
Obstructing  or  SECT.  4.  If  any  person  or  persons  shall  dam,  stop  or 
diverting  wa-  obstruct  any  river,  brook,  stream,  or  run  of  water,  or  di- 
vert  tne  same  ^rom  its  natural  c°urse,  to  the  prejudice 
of  any  person,  (without  liberty  from  the  town,  where  such 
town  has  a  right  to  grant  it,)  such  obstruction  shall  be 
deemed  a  common  nuisance,  and  may  be  removed  as 
such  ;  and  the  person  or  persons  so  offending,  shall  forfeit 
Penalty.  and  pay  one  dollar  per  week,  for  every  week  such  nui- 

sance shall  continue,  one  half  to  him  who  shall  prosecute 
to  effect,  and  the  other  half  to  the  town-treasury  where 
Proviso,  as  to  the  offence  is  committed.     Provided,  that  this  act  shall 
dams.  not  be  construed  to  extend  to  any  dam  for  a  mill  or  other 

use,  whereby  no  special  damage  accrues  to  any  person  : 
and  if  any  person  or  persons  shall  remove,  break,  or  in- 


Title  72.     Oaths.  363 

jure  a  mill-dam  as  a  public  nuisance,  and  in  an  action 

brought  for  the  same,  it  shall  appear  not  to  be  a  public 

nu'isance,  he  or  they  shall  pay  to  the  party  aggrieved 

double  damage  and  double  costs.     Provided  also,  that  this  Proviso,  as  to 

act  shall  not  be  construed  to  extend  to  any  right  claimed  right  by  use. 

by  use  and  possession  for  fifteen  years,  agreeably  to  the 

principles  of  the  common  law. 

SECT.  5.  No  person  shall,  from  any  ship,  vessel  or  boat,  Ballastnot  to 
cast  out  any  ballast,  or  other  heavy  material,  into  any  be  thrown  into 
channel,  or  other  place,  that  will  obstruct  or  incommode  harbor.^ 
the  navigation  of  any  river  or  harbor  within  the  state, 
upon  penalty  of  forfeiting  seventeen  dollars  to  the  use  of  Penalty. 
the  town  where  the  offence  is  committed. 

SECT.  6.  No  person  or  persons  shall  cast,  or  cause  to  Whatobstruc- 
be  cast,   into  Connecticut  river,  any  ballast,  or  other  ti°ns  in  Con- 
heavy  materials,  from  any  ship,  vessel  or  other  water-  "^ c"4  riv.er» 
craft,  nor  sink,  nor  cause  to  be  sunk,  ins  said  river,  any  tute  a  nui- 
stone  or  timber,  or  other  materials,  for  the  purpose  of  sance. 
obstructing  the  water, or  turning  it  from  its  natural  course, 
or  for  the  purpose  of  rnaking  any  island  or  islands  in  said 
river,  or  increasing  the  magnitude  of  such  as  have  been 
formed  :  and  every  person  so  offending  shall  be  deemed  Punishment. 
to  be  guilty  of  a  nuisance,  and,  on  conviction,  shall  be 
sentenced  to  pay  the  expense  of  removing  the  same,  and 
shall  further  be  punished  by  fine,  at  the  discretion  of  the 
court,  not  exceeding  five  hundred  dollars  :  Provided,  that  Proviso,  pro- 
this  act  shall  not  be  construed  to  impair  any  right  or  privi-  tectmg  certain 
lege,  granted,  by  act  of  assembly,  to  the  Union  Company;  or  ns   8' 
the  right  of  wharfing,  already  vested  in  individuals  ;  or  the 
right  of  securing  the  lands  of  proprietors  adjoining  the 


TITLE  72.     Oaths. 

An  Act  prescribing  the  forms  of  certain  Oaths, 
to  be  used  in  this  State. 

TJE  it  enacted  by  the  Senate  and  House  of  Rcpre- 
*J3  sentatives,  in  General  Assembly  convened,  That  Forms  of  oaths 
the  several  forms  of  oaths  herein  prescribed,  be  and  the  established, for 
same  are  hereby  established,  to  be  taken  by,  and  admin- 
istered to,  the  several  and  respective  officers  and  persons, 
for  whom  they  are  appointed,  as  follows,  to  wit  : 

For  Electors.  Elector! 

SECT.  2.  You  A.  B.  do  solemnly  swear,  (or  affirm,  as 
the  case  may  be,)  that  you  will  be  true  and  faithful  to  the 
state  of  Connecticut,  and  the  constitution  and  goverment 


364 


Title  72.     Oaths. 


Examiners  01 
electors. 


Treasurer, 
secretary, 
comptroller, 
-constables. 


O  rand-jurors. 


Jurors  in  crim- 
inal cause?. 


Jurors  in  civ- 
il causes. 


thereof,  as  a  free  and  independent  state,  and  to  the  con- 
stitution of  the  United  States  ;  and  whensoever  you  shall 
be  called  to  give  your  vote  or  suffrage,  touching  any  mat- 
ter that  concerns  this  state,  or  the  United  States,  you 
will  give  it,  as  you  shall  judge  will  conduce  to  the  best 
good  of  the  same,  without  respect  of  persons,  or  favor  of 
any  man  :  So  help  you  God. 

For  Examiners  of  the  qualifications  of  Electors. 
SECT.  3.  You  do  solemnly  swear,  (or  affirm,  as  the  case 
may  be,)  that  you  will  faithfully  discharge,  according  to 
law,  the  duties  of  the  examiners  of  the  qualifications  of 
electors,  to  the  best  of  your  abilities  :  So  help  you  God. 

For  the  State  Treasurer,  the  Secretary,  the  Comptroller,and 

for  Constables. 

SECT.  4.  You  do  solemnly  swear,  (or  affirm,  as  the  case 
may  be,)  that  you  will  support  the  constitution  of  the 
United  States,  and  the  constitution  of  the  state  of  Con- 
necticut, so  long  as  you  continue  a  citizen  thereof ;  and 
that  you  will  faithfully  discharge,  according  to  law,  the 
duties  of  the  office  of  ,  to  the  best  of  your  abilities : 

So  help  you  God. 

For  Grand-jurors  impanneled  in  court, 
SECT.  5.  You  do  swear,  by  the  name  of  the  everliving 
God,  that  you  will  diligently  enquire  after,  and  due  pre- 
sentment make,  of  all  breaches  of  law  that  shall  come  to 
your  knowledge,  according  to  your  charge  ;  the  secrets 
of  the  cause,  your  own,  and  your  fellows',  you  will  duly 
observe  and  keep ;  you  will  present  no  man  from  envy, 
hatred,  or  malice  ;  neither  will  you  leave  any  man  un- 
presented,  from  love,  fear,  or  affection,  or  in  hope  of 
reward  ;  but  you  will  present  cases  truly,  as  they  come 
to  your  knowledge,  according  to  the  best  of  your  un- 
derstanding, and  according  to  law  :  So  help  you  God. 

For  Petit-jurors  in  criminal  causes. 
SECT.  6.  You  swear,  by  the  name  of  the  everliving 
God,  that  without  respect  of  persons,  or  favor  of  any  man, 
you  will  well  and  truly  try,  and  true  deliverance  make, 
between  the  state  of  Connecticut,  and  the  prisoner  at 
the  bar,  whom  you  shall  have  in  charge,  according  to 
law,  and  the  evidence  before  you  :  -So  help  you  God. 

For  Petit-jurors  in  civil  causes. 
SECT.  7.  You  swear,  that  you  will  well  and  truly  try 
the  issue  or  issues,  now  to  be  given  you  in  charge,  be- 
tween the  plaintiff  and  defendant,  or  plaintiffs  and  de- 


Title  72.     Oaths.  366 

fendants,  according  to  the  evidence  given  you  in  court, 
and  the  laws  of  this  state,  and  accordingly  a  true  verdict 
give  ;  your  own  counsel,  and  your  fellows'  you  will  duly 
observe  and  keep  ;  you  will  speak  nothing  to  any  one, 
of  the  business  or  matters  you  have  in  hand,  but  among 
yourselves,  nor  will  you  suffer  any  one  to  speak  to  you 
about  the  same,  but  in  court ;  and  when  you  are  agreed 
of  any  verdict,  you  will  keep  it  secret,  till  you  deliver  it 
up  in  court :  So  help  you  God. 

For  a  Jury  of  Inquest.  Jury  of  m- 

SECT.  8.  You'  swear,  that  you  will  diligently  enquire,  quest. 
and  true  presentment  make,  how  and  in  what  manner, 
the  person,  whose  body  shall  be  before  you,  came  to  Ms 
death  ;  and  that  you  will  deliver  to  the  nextjustice  of  the 
peace,  a  true  verdict  thereof,  according  to  such  evidence 
as  shall  be  given  you,  and  according  to  your  own  knowl- 
edge :  So  help  you  God. 

For  Witnesses.  Witnesses. 

SECT.  9.  You  swear,  that  the  evidence  you  shall  give 
to  this  court,  concerning  the  case  now  in  question,  shall 
be  the  truth,  the  whole  truth,  and  nothing  but  the  truth  : 
So  help  you  God. 

For  Clerks  of  Superior  and  County  Courts,  mutatis  mutan-  Clerl£s  of 

dis.  *     perior  and 

SECT.   10.  You,  A.  B.   being  appointed  clerk  of  the   county  court?. 

court,  do  swear,  that  you  will  faithfully  execute  the 
duties  thereof,  according  to  your  best  skill,  and  accord- 
ing to  law  :  So  help  you  God. 

For  Clerks  of  Probate.  Clerks  ofprc- 

SECT.  11.  You,  A.  B.  being  appointed  clerk  ot  pro-  hate. 
bate,  for  the  district  of         ,  do  swear,  that  you  will  faith- 
fully execute  the  duties  of  said  office,  according  to  your 
best  skill,  and  according  to  law :  So  help  you  God. 

For  Town-Clerks.  ™         ,   .. 

SECT.  12.  You,  A.  B.  being  chosen  to  be  town-clerk 
of  the  town  of  ,  do  swear,  that  you  will  faithfully  exe- 
cute the  duties  of  said  office  for  said  town,  according  to 
your  best  skill,  and  according  to  law  :  So  help  you  God. 

For  Fence-viewers,  Leather-sealers,  Gangers,  Grand-ju- 
rors,  Sealers  of  Weights  and  Measures,  Tything-men, 
Surveyors  of  Highways,  Inspectors  and  Surveyors  of 
Provisions,  Haywards,  Town-Treasurer s,Socicty-Treas- 


366 


Title  72.     Oaths. 


urers,  Scavengers,  Commissioners   of  Sewers,  fyc.  fyc. 

mutatis  mutandis. 

SECT.  13.  You  swear,  that  you  will  faithfully  and  im- 
partially, execute  the  duti  es  of  the  office  of  ,  with- 
in the  limits  whereunto  you  are  appointed,  for  the  year 
ensuing,  and  until  another  be  chosen  in  your  place,  and 
sworn ;  and  that  you  will,  in  every  particular,  conduct 
therein,  according  to  law  :  So  help  you  God. 

Assessors,  &c.  For  Assessors,  Members  of  the  Board  of  Relief ,  and  Mem- 
bers of  the  Board  of  Equalization. 
SECT.  14.  You  swear,  that  you  will  truly,  faithfully, 
and  impartially,  discharge  the  trust  reposed  in  you,  ac- 
cording to  your  best  judgment,   and  according  to  law  : 
So  help  you  God. 


Attornies. 


For  Attornies. 

SECT.  15.  You  swear,  that  you  will  do  no  falsehood, 
nor  consent  to  any  to  be  done  in  court ;  and  if  you  know 
of  any  to  be  done,  you  will  give  information  thereof  to 
the  judges,  or  one  of  them,  that  it  may  be  reformed  ;  you 
will  not  wittingly  or  willingly  promote,  sue,  or  cause  to 
be  sued,  any  false  or  unlawful  suit,  or  give  aid  or  consent 
to  the  same  ;  you  will  delay  no  man  for  lucre  or  malice  ; 
but  will  exercise  the  office  of  attorney  within  the  court, 
wherein  you  may  practice,  according  to  the  best  of 
your  learning  and  discretion,  and  with  fidelity,  as  well 
to  the  court,  as  to  your  client :  So  help  you  God. 

For  Society -Clerks. 

SECT.  16.  You,  A.  B.  being  chosen  clerk  of  this  soci- 
ety, do  swear,  that  you  will  faithfully  execute  the  duties 
of  such  clerk,  according  to  your  best  skill,  and  accord- 
ing to  law  :  So  help  you  God. 

For  Appraisers  of  Land  on  execution. 
SECT.  17.  You,  A.  B.  C.  D.  &c.  do  swear,  that,  with- 
out partiality,  prejudice,  or  any  sinister  motive,  you 
will  appraise  the  land  that  may  be  presented  to  you, 
according  to  the  present,  true  and  just  value  thereof, 
to  the  creditor,  or  creditors,  who  are  to  receive  the 
same,  according  to  your  best  judgment,  and  according 
to  law  :  So  help  you  God. 

.        .         f  For  Appraisers   of  deceased  persons'1  Estates. 

JSS.  "  SECT.  1 8.  You,  A.  B.  C.  D.  &c.  do  swear,  that,  without 

partiality,  or  prejudice,  you  will  justly  appraise  all  such 
estate,  both  real  and  personal,  of  the  deceased  J.  S., 
?is  shall  be  offered  to  you,  according  to  the  present, 


Society  clerks. 


Appraisers  of 
land  on  execu- 
tion. 


Title  72.     Oaths.  367 

true   value  thereof  in  money,   and   according  to  your 
best  judgment  :  So  htlp  you  God. 

For  Distributors  of  Estates.  Distributors  ot 

SECT.  19.  You  swear,  that  you  will,  according  to  your  estates, 
best  judgment  and  discretion,  faithfully  divide  and  dis- 
tribute the  estate  of  A.  B.  deceased,  according  to  his 
last  will  and  testament,  or   according  to   the   order  of 
court  now  given  you  :  So  help  you  God. 

For  a  Committee  to  lay  out  or  alter  Highways,  fyc.         Committee  to 
SECT.  20.  You  swear,  that  you  will,  according  to  your  la^  out  high- 
best  skill  and  judgment,  and  according  to  the  precept  w 
by   which  you  are    now    summoned,    lay  out   the  way 
therein  mentioned,  with  most  convenience  to  the  pub- 
lic, and  least    prejudice  to    individuals ;    and  that  you 
will  justly  estimate,  to  each  individual,  the  damage  which 
may  be   done    to  his   property   thereby  :    So  help  you 
God. 

For  a  Jury  to  reassess  damages,  on  an  Highway,  &c.    Jury  onhijh- 

SECT.  21.  You  swear,  that  you  will  make  a  just  and  Wa7s- 
impartial  estimate  of  the  damages,  which  you  are  sum- 
moned to  reassess,  according  to  your  best  judgment  : 
So  help  you  God. 

For  a  Jury  to  enquire  into  Forcible  Entry  and  Detainer.  Jury  offorci- 
SECT.  22.    You  swear,  that  you  will  well  and  truly  ble  entr>''  &c 
enquire  of  the  forcible  entry,  or  forcible  detainer,  ,now 
complained  of,    and  return  a  true  verdict  thereof,  ac- 
cording to  the  evidence  given  you  in  court  :  So   htlp 
you  God. 

For  County  Surveyors.  County  sut- 

SECT.   23.    You.  A.   B.  being  appointed  surveyor  of  veyors 
lands  in  the  county  of  H.         ,  do  swear,  that  you  will 
faithfully  attend    to,    and  discharge  the  duties    of  your 
said  office,    without  favor,    or  respect  of  persons  :    So 
help  you  God. 

For  Chainmen,  assisting  a  Surveyor.  Chainme*. 

SECT.  24.  You  swear,  that  you  will  faithfully  perform 
the  service  to  which  you  are  called,  as  assistants  to 
the  surveyor  ;  and  that  you  will  keep  a  true  account 
of  all  lines  and  measures  by  you  taken,  and  the  same 
report  to  said  surveyor,  at  his  request,  according  to 
your  best  skill  and  judgment :  So  help  you  God. 


368  Title  72.     Oaths. 

Commission-  For  Commissioners  on  Insolvent  Estates. 

Testate!"  SECT'  25<  You  swear'  that  y°u  wil1  faithfull7  and  im- 
partially, examine  the  several  accounts  and  claims  of 
the  creditors  of  the  estate  of  the  deceased  A.  B.  rep- 
resented insolvent,  as  shall  be  presented  to  you  for 
that  purpose,  and  the  evidence  relative  thereto  ;  and 
make  a  true  list  of  what  you  find  justly  due  to  each 
of  said  creditors,  and  present  the  same  to  the  judge  of 
probate,  according  law :  So  help  you  God. 

Voir  dire  oath.  Voir  dire  Oath. 

SECT.  26.  You  swear,  that  you  will  well  and  truly 
answer  to  such  interrogatories,  as  shall  be  put  to  you 
under  the  direction  of  the  court,  not  immediately  relat- 
ing to  the  merits  of  the  cause  now  in  question  :  So  help 
you  God. 

For  Auditors  of  State  Accounts. 
SECT.  27.  You  swear,  that  you  will  faithfully  audit 
the  accounts  of  the  state,  with  the  treasurer,  and  render 
to  the  general  assembly,  a  true  statement  of  your  do- 
ings relative  thereto,  according  to  law  :  So  help  you 
God. 

For  Auditors,  in  actions  of  Account  and  Book-debt. 
SECT.  28.  You  swear,  that  you  will  faithfully  exam- 
ine and  adjust  the  accounts  referred  to  you,  and  award 
thereon,  according  to  your  best  skill  and  judgment :  So 
help  you  God. 

For  Arbitrators  and  Referees,  appointed  by  Court. 

SECT.  29.  You  swear,  that  you  will  faithfully  adminis- 
ter justice  between  the  parties,  in  the  case  submitted 
or  referred  to  you,  according  to  law,  or  equity  :  So 
help  you  God. 

For  Committees,  appointed  by  Courts  of  Chancery. 

SECT.  30.  You  swear,  that  you  will  faithfully  inquire  in- 
to the  facts  that  may  be  presented  to  you,  and  faithfully 
and  trully  report  the  same  to  the  court,  pursuant  to  your 
appointment :  -So  help  you  God. 

For  Clerks  of  the  House  of  Representatives,  and  of  the 

Senate. 

SECT.  31.  You  swear,  that  you  will  faithfully  execute 
the  office  whereunto  you  are  appointed  :  So  help  you  God. 

Whatceremo-       SECT  3U2'  The  ceremony  ordinarily  to  be  used  by  per- 
ny  to  be  used,  sons  to  whom  an  oath  is  administered.,  shall  be  the  hold- 


Title  73.     Paupers.  369 

ing  up  of  the  right  hand,  as  has  been  accustomed  ;  but  when 
any  person,  by  reason  of  scruples  of  conscience,  shall  ob- 
ject to  such  ceremony,  he  shall  be  permitted  to  use  any 
proper  ceremony  to  which  he  has  been  accustomed,  in 
such  cases,  or  such  as  the  court,  or  authority,  by  whom 
the  oath  is  to  be  administered,  shall  direct. 

SECT.    33.  Whenever  any  person,  required  by  law  to  Whenaffirma- 
takethe  oath  prescribed  for  witnesses,  shall  decline  to  take  J^JJJJ  bed 
it,  in  the  usual  form,  from  scruples  of  conscience,  a  solemn 
affirmation  may  be  administered  to  him,  in  the  following 
form  :  You,  A.  B.  do  solemnly,  and  sincerely  affirm  and 
declare,  that  the  evidence  you  shall  give  to  this  court,  con-  m°™n  fo?r~ 
cerning  the  case  now  in  question,  shall  be  the  truth,  the  witnesses. 
wholeHruth,  and  nothing  but  the  truth ;  upon  the  pains  and 
penalties  of  perjury.     And  in  every  other  case,  an  affir- 
mation may  be  administered  in  the  form  of  the  oath  pre- 
scribed, except  that  instead  of  the  word  swear,  the  words 
solemnly  and  sincerely  affirm  and  declare  shall  be  used;  and 
instead  of  the  words  so  help  you  God,  the  words  upon  the 
pains  and  penalties  of  perjury  shall  be  used.     And  if  any 
person  making  such  solemn  affirmation,  shall  be  lawfully  Penalties  of 
convicted  of  having  wilfully,falsely  and  corruptly,  affirmed,  "^b^  aTalse 
any  matter,  which,  if  the  same  had  been  declared  under  affirmation*5 
oath,  in  the  usual  form,  and  with  the  usual  ceremony,  would 
have  amounted  to  wilful  and  corrupt  perjury,  such  person, 
so  offending,  shall  incur  the  same  penalties  and  forfeitures, 
as  by  law  are  enacted  against  wilful  and  corrupt  perjury. 

TITLE  73.     Paupers. 

CHAP.  I. 
An  Act  to  provide  for  the  support  of  Paupers. 

,      FJE  it  enacted  by  the  Senate  and  House  of  Rep- 

-SECT*    1  •      •    ™  -    -  -  - 


KJ  resentatixes,  in  General  Assembly  convened, 
That  when  any  person  shall,  by  age,  sickness,  insanity,  or  What  rela- 
any  cause,  become  poor,  impotent  and  unable  to  support  Kon^  are  lia" 
and  provide  for  himself  and  family,  and  has  relations,  who  Of  pauper?01 
stand  in  the  degree  or  line  of  father  and  mother,  grand-fa- 
ther and  grand-mother,  children  and  grand-children,  who 
are  of  sufficient  ability  to  do  the  same,  then  it  shall  be  the 
duty  of  such  relations  to  provide  for  his  support;  and  if  such 
relations  shall  refuse  or  neglect  to  do  the  same,  then,  on  ap- 
plication to  the  county  court,  in  the  county  where  such  per-  Remedy  &- 
son  lives,  by  the  select-men,  or  one  or  more  of  such  rela-  gainst  rela- 
tions, and  on  giving  due  notice,  said  court  may  order  such  ^"provide""6 
relations  to  pay  and  contribute  to  the  support  of  such  poor  support, 
and  impotent  person,  from  the  time  of  such  application, 
such  sum  as  they  shall  deem  to  be  reasonable  and  necessary, 
and  may  issue  execution,  quarterly,  for  the  same,  to  be  de- 
livered into  the  hands  of  the  select-men,  for  that  purpose. 


-i70  Title  73.     Pauper*. 

Whatdescrip-  SECT.  2.  All  poor  and  impotent  persons,  who  have  not 
Sl°beP8uSp°-nS  estate  sufficient  fpr  their  support,  and  have  no  relations 
ported  by  the  of  sufficient  ability,  who  are  obliged  by  law  to  support 
town,  them,  shall  be  provided  for,  and  supported,  at  the  expense 

of  the  town  where  they  belong.  And  it  shall  be  the  du- 
ty of  every  town  to  maintain  and  support  all  the  poor  in- 
habitants belonging  to  the  town,  whether  residing  in  it, 
or  in  any  other  town  in  the  state. 

Select-men  to        SECT.  3.  The  select-men  of  each  town,  shall  be  overseers 
be  overseers  of  of  the  poor ;  and  it  shall  be  their  duty,  at  the  expense  of  the 
They'd'  tv       town'to  provide  for  all  paupers  belonging  to  it,  food,  cloth- 
u^'      ing,  fire-wood,  and  all  other  articles  necessary  for  their  sub- 
sistence ;  and  to  draw  orders  on  the  treasurer  of  the  town 
for  the  payment  thereof ;  and  to  render  an  account  to  the 
town  of  such  expenditures,  when  required. 

Paupers  liable  SECT.  4.  Paupers  shall  be  liable  to  be  removed  to  such 
to  he  removed  places  to  be  supported,  as  the  town  or  select-men  may  di- 
ofsupporlOSe  rect>  and  sba11  be  subject  to  the  orders  of  the  select-men, 
or  persons  contracted  with,  to  support  them.  No  individ- 
viduaJs  a-"1  *~  ua'  sba^  nave  anj  demand  against  a  town  for  supplies  or 
gainst  the  assistance  furnished  to  a  pauper,  against  the  express  direc- 
town.  •  tion  of  the  select-men  ;  nor  before  he  has  given  notice  to 

one  of  the  select-men  of  the  town  where  the  pauper  re- 
sides, of  the  condition  of  such  pauper. 

Duty  of  select-       SECT.  5.  It  shall  be  the  duty  of  the  select-men  of  every 

™en  ^  fumisn  town,  whenever  a  person,  not  an  inhabitant  of  such  town,  re- 

sidingtherein,  shall  become  poor  and  unable  to  supporthim 

or  her  self,  to  furnish  such  pauper,  such  support  as  mav  be 

necessary,  as  soon  as  the  condition  of  such  pauper  shall 

P    alt  fo         come  to  their  knowledge  ;  and  each  select-man  neglecting 

neglect  ***       such  duty,  shall  forfeit  the  sum  of  seven  dollars,  to  him  who 

shall  prosecute  for  the  same  to  effect.     The  select-men  of 

Notice,  in         every  town  in  which  a  pauper  belonging  to  another  town  is 

what  case,        chargeable,  shall  give  notice  to  the  town  to  which  the  pau- 

and  withm        perbelongs,of  his  condition,  within  five  days  after  they  shall 

he  giTenT'   '    have  obtained  knowledge  of  the  town  to  which  he  belongs, 

where  such  town  is  within  twenty  miles  of  the  town  where 

such  pauper  resides  ;  and  in  all  other  cases,  within  fifteen 

days  ;  and  where  the  select-men  have  knowledge  of  the 

town  where  such  pauper  belongs,  such  town  shall  not  be 

liable  for  any  expense  but  for  the  time  in  which  notice  is 

Limitation  of    required  to  be  given  as  aforesaid  ;  and  such  town  shall  not 

9u  arortf°r         ke  l'able  to  pay  at  a  greater  rate  than  one  dollar  per  week 

for  the  support  of  a  pauper,  in  lieu  of  all  expenses.    And  a 

What  shall  be  letter  put  in  the  mail,  stating  the  name  of  the  pauper,  and 

dencTo^nT      tbat  ne's  chargeable,  signed  by  one  of  the  select-men  of  the 

tice.  town  where  he  resides,  directed  to  the  select-men  of  the 

town  where  he  belongs,  where  there  is  a  post-office  in  the 

town,  or  if  none,  then  directed  to  be   left  at  the  nearest 

post-office  to  such  town,  shall  be  sufficient  evidence  that 


Title  73.     Paupers.  371 

notice  was  given,  at  the  time  such  letter  would  reach  the 

select- men,  to  whom  it  shall  be  directed,  in  the  usual  Actual  notice. 

course  of  the  mail :  and  actual  notice  in  writing,  sent  in 

any  other  mode,  shall  he  sufficient. 

SECT.  6.    Every  town  incurring    necessary   expense,  Rjght0fre. 
pursuant  to  this  act,  for  a  pauper  belonging  to  another  covery  by  one 
town,  shall  have  right  to  recover  the  same  from  such  town,  town  against 
as  is  provided  in  the  preceding  section  of  this  act,  by  a  another- 
proper  action  at  common  law. 

SECT.  7.  When  any  person  having  a  legal  settlement  Persons  hav- 
in  any  town  in  this  state,  shall  remove  out  of  the  same,  mgaseitle- 
and  gain  a  legal  settlement  in  another  state,  and  shall  af-  ™^e  '"nd'af- 
terwards  return  to  this  state,  and  become  poor  and  una-  terwardsin 
ble  to  support  himself,  the  town  where  he  had  his  last  le-  another  state, 
gal  settlement  in  this  state,  shall  be  chargeable  with  his  ^LSTby' 
support.  whom  to  be 

SEI.T.  8.  The  several  towns  respectively,  or  any  two  supported, 
or  more  towns,  by  their  agents,  appointed  for  that  pur-  Power  of 
pose,  shall  have   power  to  establish  asylums,  or    poor-   towns  to  es- 
f  1--          c        i  ji-.j  tabhsh  poor- 

houses,  for  the  admission  of  such  poor  and  destitute  per-  houses ; 

sons  as  may  be  judged  proper,  and  to  ordain  and  estab- 
lish such  by-laws  as  may  be  proper,  relative  to  the  per-  and  ordain 
sons  to  be  admitted  into  such  houses,  and  for  the  well  or-  by-laws. 
deriug  and  governing  thereof;  not  contrary  to  the  laws 
of  this  state,  or  of  the  United  States:  Provided,  that  such  proviso. 
by-laws  may,  at  any  time,  be  repealed,  by  the  superior 
court,  if.  by  said  court,  deemed  unreasonable  or  unjust. 

CHAP.  II. 

An  Act  providing  for  the  support  of  State  Pau- 
pers. 

-     T3  E  it  enacted  by  the  Senate  and  House  of  Rep  - 
"  .JD  resentatives,  in  General  Assembly  convened, 
That  the  state  shall  reimburse  to  any  town  the*  expense  what  descrip- 
incurrcd  in  relieving  and  supporting  any  sick  and  indigent  tion  of  paupers 
person  or  persons,  not  inhabitants  of  this  state,  and  who  sha11  ,b£  S"P~ 
do  not   belong  to   any  town  in  this  state,  and  are  not  by  state.     ^ 
law  the  proper  charge  of  any  town  or  particular  person, 
i  ;iie  not  exceeding,  in  any  case,  the  sum  of  one  dol- 
lar per  week,  for  all  persons  over  fourteen  years  of  age, 
and  fifty  cents,  for  children  under  that  age. 

.  2.  No  town  shall  be  entitled  to  such  reimburse- 
ment, for  the  support  of  any  person  born  in  this  state,  or 
an  adjoining  state,  or  of  any  person  who  shall  heretofore, 
at  any  time,  have  been  an  inhabitant  of  any  town  in  this 
state. 


372  Title  73.     Paupers. 

When  the  per-  SECT.  3.  Whosoever  shall  entertain  any  person,  not  an 
ins  rpauptr'  innabilant  °f  any  town  in  this  state,  for  the  space  of  four- 
shall  bear  the  teen  days,  and  the  said  person  shall,  when  so  entertained, 
expense.  be  reduced,  by  sickness,  or  other  cause,  to  necessitous 

circumstances,  so  as  to  need  relief,  the  person  so  enter- 
taining him,  shall  sustain  the  charge  thereof,  unless  he 
shall  have,  within  fourteen  days,  given  sufficient  notice  to 
the  select-men  of  the  town,  in  which  such  person  is  so 
Under  what      entertained ;  and  in  that  case,  it  shall  be  defrayed  by  the 
circumstances    state,  unless  the  person  so  entertained  has  relations  of 
be^u^orted"  sufficient   ability,  and  by   law  bound   to  support  him. 
by  thelrtate,      And  all  expense  incurred  in  the  support  of  such  person, 
within  the  term  of  three  mouths,  from  the  time  of  his 
coming  to  such  town,  (in  case  he  shall,  within  said  term 
of  three  months,  have  been  warned  to  depart  said  town,) 
shall,  in  like  manner,  be  defrayed  by  the  state ;  and  all 
expenses,  that  may  arise  in  support  of  such  person,  sub- 
sequent to  the  said  term  of  three  months,  on  account  of 
sickness  or  lameness,  which  shall  have  commenced  within 
said  term  of  three  months,  and  which  shall  have  contin- 
ued beyond  the  said  term,  to  such  degree  as  to  render  it 
unsafe  to  remove  such  person,  shall,  during  the- continu- 
ance of  such  sickness  or  lameness,  be  defrayed  by  the 
state  ;  and  all  subsequent  expenses  shall  be  defrayed  by 
and  by  the       sucn  town,  during  his  continuance  therein  :  provided,  the 
sum  allowed  shall  not  exceed  one  dollar  per  week,  for 
persons  over  fourteen,  and  fifty  cents  per  week,  for  chil- 
dren under  fourteen. 

"Where  person       SECT.  4.  If  any  town  shall  incur  any  expense,  in  reliev- 

not  belonging     .  f  J   .    f    ,  ..  '  ,, 

to  any  town  m  ing  anc*  supporting  a  person  not  an  inhabitant  of  any 

the  state,  has  town  in  this  state,  and  who  has  had  his  home,  and  resided 

resided  six       jn  any  town  in  this  state,  during  the  six  years  next  pre- 

townS  without   ceding  the  time  of  incurring  such  expense,  without  being 

being  charge-  chargeable  to  the  state,  such  expense  shall  not  be  reirn- 

R?ii  theust*te  bursed  from  the  treasury  of  the  state,   but  shall   be  de- 

bkfoThissup-  frayed  b)'  the  town  in  which  such  residence  shall  have 

port  been  last  had,  at  the  time  of  affording  the  relief. 

Such  person          SECT.  5.  The  select-men  of  any  town,  into  which  a 

may  be  re-      person  not  an  inhabitant  of  any  town  in  this  state  shall 

moved.  come  to  reside,  ma),  at  any  time  within  six  years  from 

the  coming  of  such  person  into  their  town,  remove  such 

person  to  the  town  in  which  he  shall  have  last  resided. 

and  had  his  home,  as  is  before  provided  in  this  act ;  and 

for  that  purpose,  such  select-men  shall  have  power  to 

pursue  any  of  the  means  provided  by  law,  for  the  removal 

of  persons  not  inhabitants  of  this  state. 

SECT.  6.  All  accounts  payable  by  law  from  the  treasury 
Su<P<pfort  Of*  °f  the  state  for  the  support  of  poor  and  indigent  persons, 
state  paupers,  shall  be  liquidated  and  adjusted  by  the  comptroller  of 


Title  73.     Paupers.  373 

public  accounts,  on  the  application  of  the  select-men  of  tobelijuidat- 
the  town  in  which  the  expenses  shall  have  arisen.  comptroller- 

SECT.  7.  And  the  justness  and  reasonableness  of  such  and  verifie(j' 
accounts,  before  they  are  allowed,  shall  be  verified,  at  by  oaths  of 
least,  by  the  oath  of  a  major  part  of  the  select-men  in  select-men, 
the  town,  certified  by  a  justice  of  the  peace.     And  the 
select-men  shall  also  exhibit,  and  lodge  with  the  comp- 
troller a  certificate,  subscribed  and  sworn  to,  by  at  least  Certificate. 
a  majority  of  them,  stating,  as  far  as  is  known  to  them, 
when  and  from  whence  such  poor  and  indigent  person 
came  into  the  state,  and  into  such  town  where  he  or  she 
has  resided,  and  whether  any  other  town  or  person  in  the 
state  is  liable  for  his  or  her  support ;  also,  further  stating 
the  time  when  such  person  was  warned  to  depart  from 
such  town;  and  that  the  expense  charged  was  incurred  for 
sickness  or  lameness,  which  happened  within  the  first 
three  months  from  his  or  her  coming  into' the  town  ;  or  if 
afterwards,  that  during  the  whole  of  his  or  her  continu- 
ance in  such  town   after  the  expiration  df  said   three 
months  till  relieved,  such  person  could  not  safely  be  re- 
moved from  such  town. 

SECT.  8.   And  if,  on  examination,  the  proofs  and  exhib-  Comptroller, 
its  made  shall  conform  to  the  provisions  of  law,  and  the  if  satisfied 
comptroller  shall  be  satisfied  with  the  truth  of  the  same,  with  proofs,  to 
he  shall  draw  an  order  on  the  treasurer  for  the  payment  d™^J[J?ri 
of  such  sums  as  shall  be  found  to  be  reasonably  and  justly 
due  ;  but  if  the  proof  shall  not  be  satisfactory  to  him,  of  otherwise  to 
the  justice  of  the  claim,  he  may  require  further  proof;  require  further 
and  if  satisfactory  proof  is  not  produced,  he  may  reject  proof. 
the  claim.     And  it  shall  be  the  duty  of  the  comptroller  Comptroller 
to  make  return  to  the  general  assembly,  at  each  session,  to  make  return 
of  the  names  of  the  sick  and  indigent  persons,  for  whose  s^r^at*3" 
support  allowance  has  been  made,   and   the   towns  in  each  session. 
which  they  resided,  and  the  amount  allowed  to  each  per- 
son ;  and  it  shall  also  be  his  duty,  from  time  to  time,  as 
occasion  may  require,  to  devise  and  make  known  to  the  TO  devise 
select-men  in  the  respective  towns,  the  requisite  forms  in  forms  for  se- 
which  the  proofs  and  exhibits  must  be  made.  lect-men. 

SECT.  9.  The  comptroller  of  this  state  shall  be,  and  he  Comptroller 
is  hereby  fully  authorized  and  empowered,  from  time  to  authorized  to 
time,  to  contract  with  any  person  or  persons,  for  any  term  support  of  * 
of  time,  not  exceeding  five  years,  for  the  relief  and  sup-  state  pauper? 
port  of  any  such  sick  and  indigent  persons,  on  the  best 
terms,  not  exceeding  the  sums  specified  in  the  first  section ; 
and  such  person  or  persons,  so  contracting,  shall  be  enti- 
tled to  receive,  at  the  end  of  every  six  months,  the  amount 
due  on  such  contract.     And  the  comptroller  is  hereby  And  to  take 
authorized,  at  his  discretion,  to  take  from  any  town  in  them  from  the 
this  state,  the  whole,  or  any  part  of  the  state  paupers  in  towns. 


374  Title  74.     Pedlars. 

said  town,  and  place  the  same  with  the  person  or  persons, 
with  whom  said  contract  for  their  support  may  have  been 
made,  as  aforesaid,  and  to  adjust  all  demands,  arising  un- 
der said  contract,  and  draw  orders  on  the  treasurer  for 
the  payment  of  the  same. 

SECT.  10.  Whenever  a  contract  shall  be  made,  by  the 
comptroller,  with  any  person  or  persons,  for  the  support 
of  state  paupers,  agreeably  to  the  provisions  of  this  act, 
it  shall  be  the  duty  of  the  comptroller  to  take  good  and 
To  take  bonds,  sufficient  bonds,  with  surety,  of  the  person  or  persons, 
frJmcontrac-    who  sha11  make  such  contract  to  secure  the  faithful  fulfil- 
tors.  ment  and  performance  thereof,  and  that  the  persons  of 

whom  such  contractor  or  contractors  shall  have  charge, 
shall  be  treated  with  humanity,  and  shall  have  a  compe- 
tent supply  of  food,  and  decent  and  comfortable  clothing, 
and  all  necessary  medical  aid,  and  physic,  in  time  of  sick- 


TITLE  74.     Pedlars. 

An  Act  to  suppress  Pedlars,  Hawkers,  and  Petty- 
Chapman. 

TP|E  it  enacted  by  the.  Senate  and  House  of  Rep - 
JQ  resentaliveSi  in  General  Assembly  convened, 

Pedlars  prohi-  That  no  person  shall  trade,  deal,  and  traffic,  in  this  state, 
bitedtodealin  as  a  pedlar,  hawker,  or  petty-chapman,  in  any  foreign 
foreign  goods,    goods,  wares  and  merchandize,  and  which  are  not  the  pro- 
duce or  manufacture  of  this,  or  any  of  the  United  States, 
Such  goods  to    Up0n  penalty  of  forfeiting  all  such  goods,  wares  and  mer- 
6  '      chandize,  so  by  him  carried  about,  and  offered  for  sale  ; 
one  half  to  him  who  shall  inform  and  prosecute  to  effect, 
and  the  other  half  to  the  treasury  of  the  state. 
Mode  of  pro-         SECT.  2.  All  goods,  wares,  and  merchandise,  so  offer- 
ed for  sale,  may,  and  shall  be  seized,  by  any  person  to 
whom  they  are  offered,  or  by  any  other  person  or  per- 
sons ;  aad  shall  forthwith  be  offered  to  any  justice  of  the 
peace,  who  shall  cause  an  inventory  of  them  to  be  taken, 
and  to  be  appraised,  by  two  indifferent  freeholders,  under 
oath,  at  their  just  value  in  money,  and  who  shall  retain 
them  irt  his  custody  till  final  judgment.     And  the  person 
or  persons  seizing  such  goods,  shall  make  information  to 
a  justice  of  the  peace  in  the,  town  where  the  goods  were 
seized,  if  the  value  does  not  exceed  thirty-five  dollars  ;  if 
it  exceeds  that  sum,  then  to  the  next  county  court,  in  the 
county  where  the  seizure  was  made.     And  such  justice 
of  the  peace,  or  such  county  court,  where  the  information 
is  filed,  shall  proceed  to  hear,  try  and  determine  said 


Title  75.     Pctitimis.  375 

oause  ;  and  if  they  find,  that  such  goods  were  unlawfully 
carried  about,  and  offered  for  sale,  contrary  to  this  act, 
they  are  empowered  to  decree  them  to  be  forfeited,  and 
order  them  to  be  sold  at  public  vendue,  and  the  avails  to 
be  paid  in  the  manner  aforesaid. 

SECT.  3.  And  the  attornies  for  the  state  in  each  coun-  Informing  offi- 
ty,  and  all  informing  officers,  are  directed  to  prosecute  J;®™  to  ProBe' 
all  breaches  of  this  act ;  in  which  case,   the  whole  for- 
feiture shall  go  to  the  treasury  of  the  state. 

SECT.  4.  If  any  person  shall  trade,  deal  and  traffic  as  Peddling  indi- 
a  pedlar,  hawker  or  petty-chapman,  in  the  articles  of  s°  and  fea- 
indigo  and  feathers,  such  indigo  and  feathers  shall  be  J^"'  V0* 
forfeited,  and  proceeded  against,  in  the  same  manner  as 
is  provided  in  this  act  in  the  case  of  foreign    goods. 

TITLE  75.     Petitions. 

An  Act  concerning  Petitions  and  Memorials  to 
the  General  Assembly. 

11 E  it  enacted  by  the  Senate  and  House  of  Rep- 
CT*     *    Jt3  resentatives,  in  General  Assembly  convened, 
That  no  petition  or  memorial,  made   or  preferred,  by 
any  person  or  persons  whatsoever,  to  the  general  assem-  Adverse  party 
bly,  shall  be  heard  or  considered,    by    said    assembly,  to  be  notified, 
where  any  other  person  or  persons  is  or  are  concern- 
ed in  the  estate,  matter,  thing  or  things  in  controversy, 
and  have  right  to  be  heard  in    the   same,    unless   he, 
or  they,  so  concerned,  have  been  summoned  or  notified 
thereof,  by  giving  or  offering  to  him  or  them,  or  leav- 
ing at  the  place  of   his  or  their  usual  abode,  a  copy,  by  copy- 
duly  attested,  of  such  petition  or  memorial,  and  of  the 
summons  or  citation  annexed  thereto,  at  least    twelve 
days  before  the  day  of  appearance,  mentioned  in  the 
said  summons  or  citation. 

SECT.  2.  Every  summons  or  citation  for  the  adverse  Time  of  ap- 
party  to  appear  and  answer  to  said  petitions  or  memo- 
rials,  if  returnable  to  the  stated  session  of  said  assembly, 
in  May,  shall  be  for  their  appearance  on  Tuesday  next 
after  the  opening  of  said  assembly,  and  if  returnable  to  an 
adjourned  session,  on  the   second  day   of  the  session. 
And  every  such  petition  or  memorial  shall  be  returned  Time  of  re- 
to  the  secretary,  on  or  before    the  day   next   preced-  Jurn  to  ?ecre- 
ing  the  day  mentioned  in  the  summons  or  citation  for   ar^' 
the  appearance  of  the  adverse  party. 

SECT.  3.  If  any  person  or  persons  preferring  such  peti- 
tion or  memorial  shall  not  appear  to  prosecute  the  same, 


376  Title  76.     Pews. 

on  the  said  day  for  the  appearance  of  the  adverse  party, 
he  or  they  shall  be  non-suited. 

Costs.  SECT-  4-  M"  uPon  tne  trial  °f  tne  case  in  any  petition 

contained,  it  doth  appear,  that  either  the  petitioner  or 
petitioners,  or  the  person  or  persons  summoned  to  an- 
swer, do  or  have  given  the  other  party  unjust  trouble,  the 
party  or  parties  wronged,  shall  be  allowed  his  or  their 
just  costs  and  damages,  as  in  other  cases. 

Whatpeti-  SECT.  5.  No  petiton  or  memorial  shall  be  preferred  to 

may'bepre-      *ne  general  assembly,  but  in  such  case  or  cases,  where  no 
ferredtothe     judicial  court  is,  by  law,  competent  to  grant  relief. 
general  assem-       SECT.  6.  All  memorials  wherein  no  person  or  party  is 
so  concerne^  or  interested,  as  that  he  need  to  be  cited, 


limited 

for  entering  snall  De  lodged  in  the  secretary  's  office,  and  entered  in  the 
memorials  not  docket  by  him  kept,  on  or  before  the  eighth  day  of  the 
adverse.  session  of  that  assembly  to  which  they  are  preferred  -. 

otherwise,  they  shall  not  be  heard. 

TITLE  76.     Pews. 
An  Act  relating  to  Pews. 

-      "K3E  it  enacted  by  the  Senate  and  House  of  Rep  - 

JL9  resentativc.s,  inGcncral  Assembly  convened, 

That  no  grant,  sale  or  lease  hereafter  made,  of  any  pew. 

Grants  and        .  ..        ,  ,         ,   ,     ,  V   • 

leases  of  pews,  in  anv  meeting-house  or  church  belonging  to  a  religious 

kow  executed.  society,  of  any  denomination  of  Christians  in  this  state,  in 

fee,  or  for  any  term  of  time  exceeding  one  year,  shall   be 

accounted  good,  and  effectual  in  law,  to  hold  such  pew. 

against  any  other  person  or  persons  whatsoever,  but  the 

grantor  or  grantors,  lessor  or  lessors,  and  their  heirs  only. 

unless  -such  grant  or  lease  be  in  writing,  and   subscribed 

by  the  grantor  or  lessor,  and  attested  by  two  subscribing 

witnesses,  and  acknowledged  before  a  judge  of  the  superi- 

,p  or  or  county  court,  or  a  justice  of  the  peace,  and  record- 

ed  e  ed  at  length,  by  the  clerk  of  such  society,  in  a  book  to  be 

kept  for  that  purpose,  whose  duty  it  shall  be  to  record  the 

same,  and    who  shall    receive  the  same    compensation 

therefor  as  town  clerks,  for  recording  deeds. 

One  pew  ex-         SECT.  2.  One  pew,  being  the  property  of  any  person 

empted  from     or  persons  having  a  family,  who  ordinarily  occupy  the 

execution,  &c.  same,  shall  be  exempt,  and  not  liable  to  be  taken,  or  dis- 

posed of,  by  any  warrant  or  execution,  for  any  tax  or  debt 

whatever  ;  nor  shall  the  same  be  liable  to  be  sold  to  satis- 

fy the  demands   of  creditors,  where  the  estate  of  such 

owner  shall  prove  insolvent  ;  any  law  or  custom  to  the 

contrary  notwithstanding. 


Title  77.     Post-Guides Title  7 8.     Pounds.  377 

TITLE  77.     Post-Guides. 
An  Act  relating  to  Post-Guides. 

U  E  it  enacted  by  the  Senate  and  House  of  Rep~ 

CT*     *    itS  resentutives,  in  General  Assembly  convened, 
That  it  shall  be  the  duty  of  the  select-men  of  the  several  Post-guides  to 
towns,  at  the  expense  of  their  respective  towns,  to  erect  be  erected  by 
and  keep  up  post-guides,  at  the  corners  or  divisions  of  seect'men- 
all   the  principal  roads,  leading  from   their    respective 
towns,  to  the  town  or  towns  adjoining ;  and  such  post- 
guides  shall   indicate,  and  point  out  the  principal,   and 
correct  road,  or  roads,  from  the  towns  wherein  they  are 
erected,  to  the  adjoining  town  or  towns. 

SECT.  2.  If  the  select-men  of  any  town  shall  neglect  to  Penalty  for 
erect  post-guides,  agreeably  to  the  requirements  of  this  "^  erectm£ 
act,  such  select-men  shall  forfeit  and  pay  a  fine,  to  and 
for  the  use  of  the  county,  to  which  said  town  belongs,  not 
exceeding  twenty  dollars,  for  each  month,  during  which 
said  select-men  shall  neglect  to  erect  any  suitable  post- 
guide,  as  aforesaid. 

SECT.  3.  If  the  select-men  of  any  town,  in  which  post-  Penalty  for  not 
guides  have  been,  or  shall  be  erected,  shall  neglect  to  keeping  them 
continue  the  same,  and  keep  the  same  in  repair,  such  se-  m  rePair- 
leci-men  shall  forfeit  and  pay  a  fine,  not  exceeding  twen- 
ty dollars,  to  the  county  as  aforesaid,  for  every  month, 
during  which  such  neglect  shall  exist. 

SECT.  4.   It  shall  be  the  duty  of  the  attorney  for  the  States' attor- 
state,  in  each  county,  to  make  information  of  all  breach-  niestomake 
es  of  this  act,  by  the  select-men  of  any  town  in  the  coun-  inr°rwatioB. 
ty  for  which  he  is  attorney,  as  aforesaid,  to  the  county 
court  for  such  county ;  which  court  shall  have  cognizance 
of  such  information. 

TITLE  78.     Pounds. 

An  Act  to  provide  Pounds,  and  to  regulate  the 
impounding  of  Creatures. 

.      JTJE  it  enacted  by  the  Senate  and  House  of  Rep- 
JD  resentatives,  in  General  Assembly  convened, 

That  the  select-men  of  every  town  shall  erect,  maintain,  Select-men  to 
and  keep  in  repair,  at  the  expense  of  the  town,  a  good  erect  poundt. 
and  sufficient  pound  or  pounds,  for  the  impounding  and 
restraining  therein  all  creatures,   which  shall  be   found 
damage-feasant.  or  which  'shall  be  liable  by  law  to  be 
48 


378  Title  78.     Pounds. 

impounded  ;  and  if  any  town  shall  be  without  a  sufficient 

pound,  for  the  purpose  aforesaid,  the  select-men  shall  for- 

Penaltyfor       feit  the  sum  of  two  dollars  per  month,  for  every  month 

neglect.  sucn  town  is  unprovided  with  a  sufficient  pound  or  pounds, 

one  half  to  him  who  shall  prosecute  to  effect,  and  the 

other  half  to  the  treasury  of  the  county. 

Society,  or  SECT.  2.  When  any  town  shall  grant  to  a  society,  or 

particular  any  particular  part  of  the  town,  liberty,  at  their  own  ex- 
may  haveT™'  Pense>  to  erect  a  pound  or  pounds,  for  their  own  conven- 
pound.  ience,  (which  grants  towns  are  empowered  to  make,) 

then  such  pound  or  pounds  shall  be  maintained  by  such 
society,  or  particular  part  of  the  town,  and  the  select- 
men shall  not  be  punishable  for  their  deficiency. 
When  beasts         SECT.  3.  Every  person  shall  have  right  to  impound 
are  impound-    horses,  cattle,  asses,  mules,  sheep,  goats  and  swine,  found 
be'  Iven  to*0     doing  damage  on  his  land,   inclosed   by  a  sufficient  and 
the  owners.       lawful  fence  ;  and  when  any  person  shall  have  impound- 
ed any  creatures,  he  shall  give  notice  thereof,  within 
twenty-four  hours,  if  the  owner  be  known :  arid  on  neg- 
I'enalty  for       lect  thereof,  he  shall  forfeit  the  sum  of  twenty  cents  per 
neglect.  head,  for  every  beast  so  by  him  impounded,  and  the  same 

sum  for  everyday,  afterthe  first  day,  thathe  shall  neglect  to 
give  notice  as  aforesaid,  to  the  use  of  the  owner  thereof, 
who  shall  recover  the  same,  by  a  proper  action  ;  and 
shall  also  pay  all  necessary  expense  to  the  pound-keeper, 
for  providing  food  and  water  for  such  creatures  so  im- 
pounded. 

If  the  owner  is  SECT.  4.  If  the  owner  of  the  creatures  so  impounded, 
not  known,  jg  not  known,  the  impounder  shall  advertise  the  same,  by 
reed*0  Pr°"  setting  up  on  the  sign-post,  in  the  same  town  where  they 
are  impounded,  and  in  two  of  the  adjoining  towns,  a  de- 
scription of  them,  with  their  natural  and  artificial  marks, 
and  the  place  where  taken  ;  and  if  a  newspaper  is  print- 
ed in  the  same  or  an  adjoining  town,  by  publishing  such 
description  in  such  newspaper ;  and  if  no  owner  shall  ap- 
pear within  five  days  after  such  creatures  shall  have  been 
advertised  as  aforesaid,  the  pound-keeper  may  take  them 
from  the  pound,  and  procure  them  to  be  kept  elsewhere, 
in  such  safe  and  cheap  manner  as  he  may  think  proper, 
'  <  '  without  being  liable  for  their  safe-keeping  ;  and  then,  if 
l*~,<^~  1***+  no  owner  shall  appear,  within  sixty^  days,  the  impounder 
shall  call  two  fence-viewers  to  view  the  fence  of  the  in- 
closure,  from  whence  the  creatures  were  taken,  and  if 
they  judge  it  not  to  be  a  sufficient  and  lawful  fence,  then 
such  creatures  shall  be  released  from  the  pound,  and  the 
impounder  shall  pay  the  expense  :  but  if  such  fence- 
viewers  shall  judge  the  fence  to  be  sufficient  and  lawful, 
then  they  shall  estimate  the  damages  done  in  such  inclos- 
ure,  by  the  creatures  impounded,  and  either  constable  of 


Title  78.     Pounds.  379 

the  town  may  sell  so  many  of  them,  as  will  be  sufficient 
to  satisfy  the  damages,  the  poundage,  and  the  reasonable 
expense  of  supporting  and  advertising  them. 

SEct.  5.  The  marks,  natural  and  artificial,  of  the  crea-  Description  of 
tures,  so  sold,  shall  be  entered  in  the  town-clerk's  office,  beasts  to  be 
with  an  account  of  the  charges,  and  the  price  for  which  ^"^book 
they  sold,  and  the  overplus,  if  any,  after  the  town-clerk 
shall  be  paid  for  the  entry,  shall  be  delivered  to  the  town- 
treasurer,  to  be  kept  for  the  owner,  if  he  appears  within 
one  year  ;  otherwise,  it  shall  belong  to  the  town.     If  any 
of  the  creatures,  so  impounded,  shall  remain  unsold,  after 
selling  enough  to  satisfy  the  damages  and  costs,  they  may 
be  released,  or  proceeded  with  as  in  the  case  of  estrays. 
If  the  owner  shall  appear  within  eight  days,  in  the  case  of 
sheep  and  swine,  or  twenty  days,  in  the  case  of  other 
creatures,  he  shall  have  right  to  replevy  the  same. 

SECT.  6.  If  any  person,  whose  creatures  are  impound-  Duty  of  own- 
ed, shall  not,  within  twenty-four  hours  after  notice  given  er  to  re; 
to  him,  replevy  the  same,  he  shall  incur  the  same  penal-  j^-^  alter 
ty  as  persons,  who,  having  impounded  creatures,  neglect 
to  give  notice  to  the  owners.     Provided,  that  the  owner  proviso   M  t0 
of  creatures  may,  if  he  thinks  proper,  procure  two  indif-  tender  of  dam- 
ferent  freeholders  of  the  town,  to  estimate  the  damages  ages  and  costs; 
done  by  such  creatures,  and  tender  the  same,  with  the 
costs,  to  the  impounder  ;  and  if  he  shall  refuse  to  accept 
the  same,  and  the  owner  is  obliged  to  replevy  his  crea- 
tures, then  the  impounder  shall  recover  no  costs,  but  shall 
be  liable  to  pay  costs  to  the  owner,  unless  the  court  who 
tried  the  action,  shall  find,  that  he  was  entitled  to  more 
damages  and  costs  than  the  sum  tendered. 

SECT.  7.  No  person  shall  be  entitled  to  a  recovery  for  in  what  cases 
damages  done  in  his  inclosure,  through  the  insufficiency  damages  shall 
of  his  fence,  unless  such  damages  were  done  by  swine  or  ' e! 
horses,  or  other  creatures,  that  go  at  large  on  the  com-  bit:* 
mons  contrary  to  law,  or  by  unruly  cattle,  that  will  not 
be  restrained,  by  ordinary  fences  ;  or  where  the  owner  of 
cattle  shall  put  his  cattle  into,  or  voluntarily  trespass  on, 
his  neighbour's  inclosure  ;  or  where  it  shall  appear,  that 
though  part  of  the  fence  is  deficient,  the  cattle  broke  and 
entered  through  a  sufficient  fence ;  in  which  case,  the 
owner  of  the  land  may  impound  such  creatures,  and  re- 
cover poundage  and  damages. 

SECT.  .8.  If  any  person  shall  rescue  any  creatures  liable  Rescue, 
to  be  impounded,  out  of  the  hands  or  custody  of  any 
person  or  persons  going  to  pound  with  them,  or  shall  at- 
tempt to  prevent  him  or  them  from  driving  such  creatures 
to  pound,  or  shall  resist  them  therein,  such  person,  so 
offending,  shall  forfeit  the  sum  of  four  dollars  :  and  if  Penalty, 
any  person  shall  break  the  pound,  or  in  any  way.  convey  Pound-brea<  h. 


380 


Title  78.     Pounds. 


Penalty. 


Escape  from 
pound. 


Prosecutions 
limited. 


Towns  to  ap- 
point pound- 
keepers. 


Allowance  for 
food  and  wa- 
ter. 

Pouudage  fees. 


Swine,  how 
restrained. 


Poundage  fees. 


out  of  ft  any  beasts  lav/fully  impounded,  he  shall  forfeit' 
the  sum  of  seven  dollars  ;  one  half  of  which  forfeitures 
shall  be  to  the  use  of  him  who  shall  prosecute  to  effect, 
and  the  other  half  to  the  treasury  of  the  town  where  the 
offence  is  committed  ;  and  shall  also  pay  to  the  party  in- 
jured all  the  damages  he  shall  sustain,  by  such  rescue  or 
pound-breach  ;  and  where  such  rescue  or  pound- breach  is 
effected,  by  the  children,  or  servants  of  the  owner,  or 
owners  of  the  creatures,  such  owner  or  owners  shall  pay 
all  the  damages  and  forfeitures,  in  the  same  manner  as  if 
done  by  themselves. 

SECT.  9.  If  any  creatures,  lawfully  impounded,  shall 
escape  out  of  any  pound,  and  the  owner  is  known,  the 
person  who  impounded  them  shall  be  entitled  to  an  action 
of  debt,  to  recover  the  poundage,  and  damages  from  the 
owner,  on  his  making  oath  that  he  took  them  damage- 
feasant :  provided,  that  all  prosecutions  for  breaches  of 
this  act  shall  be  within  nine  months  after  the  commission 
of  the  offence. 

SECT.  10.  It  shall  be  the  duty  of  the  several  towns,  at 
their  annual  meeting,  to  appoint  a  pound-keeper,  whose 
duty  it  shall  be  to  receive  and  keep  all  creatures  lawful- 
ly brought  to  pound,  and  to  provide  for  them  necessary 
food  and  water,  while  in  pound,  for  which  he  shall  be 
allowed  twelve  cents  per  day  for  horses,  cattle,  asses, 
mules,  and  swine,  each ;  and  three  cents  per  day,  for 
sheep  and  goats,  each.  The  fees  for  poundage,  to  be 
paid  by  the  owner  or  owners  of  creatures  impounded,  to 
the  pound-keeper,  shall  be  twelve  cents,  each,  for  horses, 
cattle,  asses,  mules  and  swine;  two  cents,  each,  for  sheep  ; 
and  three  cents,  each,  for  goats.  And  the  owner  or  ow- 
ners of  any  beasts  impounded  shall  not  redeem  or  re- 
plevy  the  same  out  of  the  pound,  till  he  or  they  have 
paid  to  the  pound-keeper  his  poundage  fees,  and  the 
lawful  expense  for  providing  food  and  water  for  such 
creatures,  wrhile  in  pound  ;  which  he  shall  be  entitled  to 
recover,  in  his  action  of  replevin,  against  the  impounder, 
if  it  shall  be  found,  that  such  creatures  were  unlawfully- 
impounded. 

SECT.  1 1.  No  swine  shall  be  allowed  to  go  at  large  in 
the  highways  or  commons  ;  and  if  any  person  or  persons 
suffer  their  swine  to  go  at  large  in  the  highways  or  com- 
mons, it  shall  be  the  duty  of  the  haywards  of  the  town, 
and  it  shall  be  lawful  for  any  person,  to  impound  them  ; 
and  the  poundage  shall  be  twelve  cents  for  each  swine,  one 
half  of  which  shall  be  paid  to  the  impounder,  the  other 
half  to  the  pound-keeper :  and  such  swine  shall  not  be 
released,  till  the  owner  or  owners  shall  have  paid  the 
poundage,  and  the  expense  of  keeping  the  swine  till 


Title  79.     Records.  381 

released.     Provided,  that  each  town  may  permit  swine  Proviso,  as  to 
to  go  at  large,  under  such  regulations  as  they  may  think  J^™^^*" 
proper  ;  and  where  swine  suffered  to  go  at  large  in  one  go  at  large. 
town  shall  go  into  a  town  where  they  are  restrained,  they 
shall  be  under  the';«anne  regulations  as  swine  are  in  such 
town. 

TITLE  79.     Records. 

An  Act  prescribing  the  mode  of  preserving  and 
certifying  the  Records  of  Justices  of  the  Peace, 
in  certain  cases. 

TIE  it  enacted  by  the  Senate  and  House  of  Rep- 
CT*     *    JO  resentatives,in  General  Assembly  convened, 
That  whenever  a  person,  who,  at  any  time  has  been,  or  Files  and  re- 
exercised  the  office  of,  a  justice  of  the  peace,  shall  die,  cords  of  ju«ti- 
or  shall  remove  out  of  the  state,  or  be  removed  from,  or  cesofthe 
not  appointed  to,  office,  for  some  crime  of  which  he  shall  lodged  wirh 
be  convicted,  on  impeachment  or  otherwise,  his  files  and  town-clerks. 
records  shall  be,  by  him,  his  heirs,  executors  or  adminis- 
trators, lodged  in  the  town-clerk's  office,  where  he  last 
resided  :  and  the  town-clerk  is  impowered  and  required, 
if  need  be,  to  demand  and  receive  such  files  and  records, 
to  keep  the  same  safely,  and  to  give,  when  required,  true  TO  give  co- 
and  attested  copies,  which  shall  be  legal  evidence;  and  if  pies. 
such  justice  of  the  peace,  or  person  who  has  exercised 
that  office,  shall  refuse  to  deliver  such  files  and  records  to 
the  town- clerk,  within  ten  days  after  demand,  he  shall 
incur  a  penalty  of  five  dollars,  for  each  week  he  shall  so  Penalty, for 
neglect  or  refuse  to  deliver  the  same  to  the  use  of  the  j"efuSlU=  to  ^ 
county,  where  the  offence  is  committed,  to  be  recovered  records!8  3 
in  an  action  brought  in  the  name  of  the  county  treasurer. 
And  the  executor  or  administrator  of  such  justice  of  the  Executors,  &c 
peace  or  person,  shall,  in  like  manner,  deliver  over  to  the  liable- 
town-clerk  such  files  and  records  as  are  in  his  custody, 
belonging  to  the  deceased,  and  on  like  notice  and  refusal, 
shall  be  subject  to  the  same  penalties,  to  be  recovered  in 
the  same  manner  as  herein  provided. 

SECT.  2.  Whenever  any  person,  who  has  been,  or  has  Justicesre- 
exercised  the  office  of,  a  justice  of  the  peace,  shall  be  re-  moved  ornof 
moved  from,  or  not  appointed  to,  office,  for  other  cause  ^y^rieet 
than  a  conviction  of  some  crime,  he  shall  have  a  right  to  their  records, 
perfect  his  records  from  the  files,  as  occasion  may  require,  am-  5ive  co* 
and  to  give  certified  copies  thereof,  which  shall  be  legal  pies 
evidence. 


382 


Power  to  re- 
plevy 

property  im- 
pounded or 
distrained. 


Signing,  and 
bond  for  pros- 
ecution. 


To  what  court 
writs  shall  he 
returnable. 


Avowry. 


Appeal. 


Removal. 


SECT. 


Proceedings, 
where  plaintiff 
in  replevin 
fails  to  appear, 
&c. 


Title  80.    ^Replevin. 

TITLE  80.     Replevin. 

An  Act  authorising  Writs  of  Replevin. 

BE  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives, in  General  Assembly  convened, 
That  every  person  shall  have  power  to  replevy  his  cat- 
tle, goods  or  chattels,  when  impounded  and  distrained  ; 
provided,  that  any  estate  levied  upon  by  execution,  after 
judgment,  or  taken  by  warrant,  for  fines  or  taxes,  shall 
not  be  replevied. 

SECT.  2.  Writs  of  replevin  shall  be  signed  by  a  justice 
of  the  peace,  or  other  authority  by  law  authorized  to 
sign  writs,  who  shall  take  a  bond,  with  sufficient  surety, 
conditioned  that  the  plaintiff  shall  prosecute  his  action  to 
effect,  and  pay  all  damages  and  costs  the  adverse  party 
may  recover  against  him. 

SECT.  3.  When  the  damages  demanded  do  not  exceed 
thirty-five  dollars,  the  writ  shall  be  returnable  to  a  justice 
of  the  peace  ;  but  if  the  demand  is  more  than  thirty -five 
dollars,  the  writ  shall  be  returnable  to  the  county  court. 
When  a  writ  is  made  returnable  to  a  justice  of  the  peace, 
the  defendant  may  make  avowry,  and  demand  such 
damages  as  he  may  have  sustained  :  if  the  damages,  de- 
manded by  the  avowant,  shall  not  exceed  thirty-five  dol- 
lars, and  shall  be  more  than  seven,  such  cause  shall  be 
appealable  to  the  next  county  court,  though  the  demand 
in  the  writ  of  replevin  does  not  exceed  seven  dollars  ; 
and  the  party  appealing  shall  give  bond,  with  sufficient 
surety,  to  prosecute  his  appeal  to  effect,  and  answer  all 
damages  in  case  he  make  not  his  plea  good  :  if  the  dam- 
ages demanded  by  the  avowant  shall  exceed  thirty-live 
dollars,  then  such  cause  may  be  removed  to  the  next 
county  court,  in  the  same  manner  as  when  the  defend- 
ant pleads  title  to  land  in  an  action  of  trespass  :  Provid- 
ed, that  the  avowant  shall  recover  no  costs,  unless  he 
recovers  more  than  thirty-five  dollars  damages.  And 
where  the  parties  join  issue  upon  a  plea  of  title,  such 
action  may  be  removed  in  like  manner. 

SECT.  4.  If  the  plaintiff  in  the  writ  of  replevin  shall 
fail  to  appear,  or  withdraw,  or  become  non-suit,  before 
issue  joined,  then  the  defendant  shall  have  power  to  make 
a  suggestion  in  the  nature  of  an  avowry,  stating  the  inju- 
ry he  has  sustained,  and  his  claim  for  damages,  and  the 
court  shall  proceed  to  enquire  as  on  a  hearing  in  damages^ 
and  shall  render  judgment  in  favour  of  the  defendant,  to 
recover  such  sum  for  the  damages  he  has  sustained  as  they 
shall  think  just,  and  his  costs.  And  if  the  plaintiff  shall 


Title  80.     Replevin.  383 

withdraw,  or  become  non-suit,  after  issue  joined,  and  be- 
fore trial,  the  court  may,  in  like  manner,  render  judgment 
for  the  defendant  to  recover  the  damages  he  has  sustained. 

SECT.  5.  When  any  goods  or  effects  are  attached,  the  Replevin  of 
defendant  in  the  suit  shall  have  power  to  replevy  the  goods  attach- 
same,  on  giving  a  bond,  with  sufficient  surety,  to  the  val-  *  ' 
ue  of  the  goods  and  chattels  attached,  conditioned  to  pay 
the  debt  or  damages  and  costs,  which  the  adverse  party 
in  the  suit  on  which  such  goods  and  chattels  are  attached, 
shall  recover  against  him  ;  which  writ  shall  be  returned  to  Writ,  to  what 
the  same  court,  to  which  the  writ  on  which  the  estate  was  court  returna- 
attached,  is  returnable,  and  lodged  with  the  clerk  of  such     e' 
court,  that  the  bond  may  be  a  security  to  the  plaintiff  for 
the  judgment  he  may  recover  against  the  defendant ;  and 
if  the  officer  serving  such  writ  of  replevin,  shall  fail  to  Officer's  liabil- 
return  such  writ  to  such  court,  without  the  written  con-  ity  for  neglect, 
gent  of  the  party  who  has  attached  such  property,  he 
shall  be  liable  to  pay  such  party  double  damages,  in  an 
action  brought  against  him  for  such  neglect. 

SECT.  6.  Whenever  the  rights  or  shares  of  any  person  Repievin  Of 
or  persons,   in  any  bank,  insurance  company,  turnpike  stock  of  incor- 
company,  or  other  corporation,  shall  be  attached,  it  shall  porated  com- 
be lawful  for  him  or  them  to  cause  the  same  to  be  replev-  ' 
ied,  in  the  same  manner  as  in  case  of  other  property 
attached  :  and  the  officer  serving  the  writ  issued  in  such 
case,  shall  leave  a  true  and  attested  copy  with  the  cash- 
ier, clerk  or  secretary  of  the  bank,  insurance  company, 
turnpike  company,  or  other  corporation,  the  shares  or 
rights  in  which  have  been  attached,  and  such  writ  shall 
be  returnable  to  the  same  court  as  the  writ  by  which 
such  rights  or  shares  were  attached,  and  shall  be  so  re- 
turned by  the  officer  serving  the  same,  and  for  his  neglect 
he  shall  be  liable  as  in  other  cases  ;  and  on  a  copy  being 
so  left,  the  shares  or  rights  attached  shall  be  released 
from  the  attachment,  and  the  bond  in  the  writ  of  replevin 
shall  be  a- security  to  the  plaintiff  in  the  suit  by  attach- 
ment, to  recover  his  debt  or  damages. 

SECT.  7.  The  person  or  persons  who  shall  give  bond  Limitation  ot 
upon  any  writ  of  replevin,  shall  not  be  liable  to  pay  any  liability  on 
greater  sum,  in  any  suit  which  may  be  brought  on  any  £epl|:vin 
bond,  than  the  value  of  the  property  replevied  by  virtue 
of  said  writ. 

SECT.  8.  When  any  goods  or  chattels  shall  be  attach-  Replevin  of 
ed,  and  any  person,  other  than  the  defendant  in  the  suit,  goods  attach- 
shall  claim  to  be  the  owner  of  them,  such  person  shall  edj  bv  a  sf ra?" 
have  power  to  replevy  the  same,  on  giving  bond  before  g< 
the   justice  of  the  peace,  or  other  authority,  signing  the 
writ,  with  sufficient  surety,  in  a  sum  equal  to  the  value  of 
the  goods  attached,  conditioned  to  prosecute  his  action  of 


384  Title  81.     Riots. 

replevin  to  effect,  and  in  case  he  fail  to  make  his  plea 
good,  to  return  and  redeliver  the  goods  and  chattels  at- 
tached, to  the  officer  attaching  the  same,  so  that  they 
may  be  forth-coming  to  be  taken  by  an  execution  that 
may  be  granted  in  the  suit  on  which  they  were  attached, 
and  on  failure  thereof,  to  pay  the  debt  or  damage  that 
may  be  recovered  in  such  suit.  And  the  plaintiff  in  such 
writ  of  replevin  may  cite  the  party,  who  attached  the 
goods  and  chattels  ordered  to  be  replevied,  to  appear 
before  a  proper  court,  to  answer  to  a  charge  for  unlawful- 
ly taking  the  same  :  and  if  such  plaintiff  shall  make  out 
a  title  to  such  goods  and  chattels,  he  shall  have  judgment 
•to  retain  the  same,  with  his  damages  and  costs  ;  but  if  he 
shall  fail  to  make  out  a  title,  judgment  shall  be  rendered 
against  him  to  return  such  goods  and  chattels  to  the  officer 
who  attached  the  same,  and  that,  on  failure  thereof,  he 
shall  pay  the  value  of  such  goods  and  chattels,  or  the 
debt  or  damages  and  costs,  recovered  in  the  action  on 
which  they  were  attached,  in  case  they  exceed  in  value 
the  amount  of  the  debt  or  damages  and  costs. 

TITLE  81.    Riots. 
An  Act  for  the  suppression  of  Riots. 

.  T3E  ^  enacted  ty  the  Senatf  and  House  of  Bepn 
'JLJ    sentatives,  in    General  Assembly   cowenetL 
Authority  to     That  if  any  three  or  more  persons  shall  come  together, 
mane  procla-    w\fa  an  intention  to  do  any  unlawful  act,  with  force  or  vi- 
mation to  not-      ,  .      ,  .,  '•/-     ,  -,-, 

^r.  olence,  against  the  peace,  or  to  the  manifest  terror  of  the 

people,  every  justice  of  the  peace,  sheriff,  deputy-sheriff, 
constable,  and  select-man,  within  the  limits  of  hisjurisdic- 
tion,  shall  be.  and  hereby  is  authorized,  empowered  and 
required,  on  notice  or  knowledge  of  any  such  unlawful 
and  riotous  assembly,  to  resort  to  the  place  where  such 
assembly  shall  be,  and  among,  or  as  near  as  he  can  safely 
come  to  such  rioters,  with  an  audible  voice,  to  command, 
or  cause  to  be  commanded,  silence  to  be  observed,  while 
proclamation  is  making;  and  after  that,  he  shall  openly, 
and  with  an  audiftle  voice,  make,  or  cause  to  be  made, 
proclamation  in  these  words,  or  in  words  to  the  like  ef- 
Form  of  pro-  feet,  to  wit :  "  In  the  name  and  by  authority  of  the  state 
clamatson.  of  Connecticut,  I  charge  and  command  all  persons  assem- 
bled, immediately  to  disperse  themselves,  and  peaceably 
to  depart  to  their  habitations,  or  to  their  lawful  business, 
upon  the  pains  and  penalties  of  the  law." 

Power  to  a  -         ^F.<"T.  2.  If  such  persons,  so  unlawfully  and  riotously 
prebend  riot-    assembled,  or  any  three  or  more  of  them,  after  proclama- 


Title  82.     Sabbath.  386 

ination  made  as  aforesaid,  shall  not  disperse  themselves,  ers continuing 
every  justice  of  the  peace,  sheriff,  deputy-sheriff,  consta-  ^S 
ble,  or  select-man,  where  such  assembly  shall  be,  and  made, 
such  other  person  or  persons  as  he  shall  command  to 
assist  him,  shall  be,  and  hereby  are  authorized,  em- 
powered and  required  to  seize  and  apprehend  such  per- 
sons so  unlawfully  and  riotously  continuing  together,  af- 
ter proclamation  made  as  aforesaid,  and  forthwith  to  car- 
ry the  persons  so  apprehended,  before  some  justice  of  the 
peace,  in  order  to  their  being  proceeded  against  accord- 
ing to  law. 

SECT.  3.  And  if  any  of  the  persons  so  unlawfully  and  Magistrates 
riotously  assembled,  shall  happen  to  be  killed,  or  maimed,  indemnified, 
or  hurt,  in  the  dispersing  or  apprehending,  or  endeavor- 
ing to  disperse  or  apprehend  them,  by  reason  of  their  re- 
sisting the  persons  so  dispersing,  or  endeavoring  to  dis- 
perse or  apprehend  them,  every  justice  of  the  peace, 
sheriff,  deputy-sheriff,  constable  and  select-man,  and  all 
persons  aiding  them,  or  any  of  them,  shall  be  freed,  dis- 
charged and  indemnitied,  as  well  against  the  public,  as 
against  every  person,  and  all  persons  whatsoever,  of  and 
from  such  killing,  maiming,  or  hurting  of  any  person  or 
persons  so  unlawfully  and  riotously  assembled. 

TITLE  82.     Sabbath. 

An  Act  for  the  due  observation  of  the  Sabbath, 
or  Lord's  Day,  and  days  of  public  Fasting  and 
Thanksgiving. 

.     VB  E  it  enacted  by  the  Senate  and  House  of  Rep- 
J[3  resentalhes,  in  General  Assembly  convened, 
That  it  shall  be  the  duty  of  the  citizens  of  this  state  to  at- 
tend the  public  worship  of  God,  on  the  Lord's  day  ;  and  Secular  busi- 
that  no  person  or  persons  shall  do  any  secular  business,  nessh'-f^c'd 
work  or  labor,  works  of  necessity  and  mercy  excepted  ;  ?he  Lord's  day 
nor  keep  open  any  shop,  ware-house  or  work-house  ;  nor 
CNpose  to  sale  any  goods,  wares  or  merchandize,  or  any 
other  property ;  nor  use  any  sport,  game,  play  or  recre- 
ation, on  the  Lord's  day  ;  nor  shall  any  traveller,  drover, 
waggoner,  or  teamster,  travel  on  said  day,  except  from 
iv  or  charity.     And  every  person,  so  offending, 
shall  pay  a  fine  not  exceeding  four  dollars,  nor  less  than 
one  dollar. 

SECT.  2.  No  person  shall  be  present  at  any  concert  of  Attendin" 
music,  dancing,  or  other  public  diversion,  on  the  even-  public  diver- 
ing  preceding  the   Lord's  day,  on  said  day,  or  on  the  sions,prohibit- 
fvr-ning  of  said  day,  on  penalty  of  four  dollars. 
49 


386 


Title  82.     Sabbath. 


Meeting  in 
companies, 
prohibited. 


Limitation  of 
prosecutions. 


Civil  process, 
when  void. 


Disturbing 
assembly  for 
public  wor- 
ship, prohibit- 
ed. 


Tything-men 
to  be  chosen 
and  sworn. 

Their  duty. 


Officers  em- 
powered to 
apprehend 
transgressors. 


.-jertlle  labor 
and  recrea- 
tion, on  days 
of  fasting  and 
thanksgiving, 
prohibited. 


SECT.  3.  No  persons  shall  meet  in  company  or  compa- 
nies, in  the  streets,  or  elsewhere,  on  the  Lord's  day,  ex- 
cept for  the  public  worship  of  God,  or  some  work  of  ne- 
cessity or  mercy,  on  the  penalty  of  one  dollar,  each,  for 
every  such  offence. 

SECT.  4.  All  prosecutions  for  the  breach  of  the  pre- 
ceding sections,  shall  be  within  one  month  after  the  com- 
mission of  the  offence. 

SECT.  5.  If  any  civil  process  shall  be  issued,  or  served, 
between  the  setting  of  the  sun  on  Saturday  night,  and 
twelve  o'clock  of  the  succeeding  Lord's-day  night,  it 
shall  be  void.(l) 

SECT.  6.  If  any  person  or  persons,  either  on  the 
Lord's  day,  or  at  any  other  time,  shall  wilfully  interrupt 
or  disturb  any  assembly  of  people,  met  for  the  public 
worship  of  God,  each  person,  so  offending,  shall  pay  a 
fine  not  exceeding  thirty-four  dollars,  nor  less  than  one 
dollar. 

SECT.  7.  Each  town  shall,  at  their  annual  meeting, 
choose  two  or  more  tything-men,  in  each  society  or  con- 
gregation, who  shall  be  sworn  to  a  faithful  discharge  of 
the  duties  of  the  office  ;  and  it  shall  be  the  duty  of  such 
tything-men,  and  of  grand-jurors  and  constables,  to  en- 
quire after,  and  make  due  presentment  of,  all  breaches 
of  this  act ;  and  every  sheriff,  constable,  grand-juror  and 
tything-man,  shall  have  power,  and  they  are  hereby  di- 
rected, to  apprehend  and  carry  before  a  justice  of  the 
peace,  all  persons  transgressing  this  act,  to  be  dealt  with 
according  to  law,  provided  they  are  taken  on  sight,  or 
immediate  information  of  others;  and  to  command  all  ne- 
cessary assistance  ;  and  whosoever  shall  refuse  to  obey 
such  command,  and  shall  neglect  to  afford  his  utmost  as- 
sistance to  apprehend  such  offenders,  shall  suffer  the  same 
penalties  as  persons  who  refuse  to  assist  sheriffs  and  con- 
stables in  the  execution  of  their  office. 

SECT.  8.  And  on  days  appointed  for  public  fasting  or 
thanksgiving,  by  proclamation  of  the  governor  of  the  state, 
all  persons  shall  abstain  from  every  kind  of  servile  labor 
and  recreation,  works  of  necessity  and  mercy  excepted  ; 
and  every  person  who  shall  be  guilty  of  a  breach  of  this 


(1)  No  people  ever  had  a  higher  idea  of 
the  sanctity  of  the  Lord's  day  than  the  first 
settlers  of  New- England.  They  prohibit- 
ed all  secular  business,  excepting  works  of 
necessity  and  mercy,  on  that  day ;  and, 
for  a  long  time,  it  was  observed  with  the 
utmost  strictness  and  rigor.  But  in  more 
modern  times,  sundry  decisions  having 
been  made,  by  the  superior  court,  confin- 


ing the  operations  of  the  statute  to  the 
solar  day  ;  and  the  supreme  court  of  errors 
having  decided,  that  civil  process  could 
be  executed  before  sun-rise  and  after  sun- 
set, on  the  Lord's  day  ;  the  language  of  the 
statute  is  now  rendered  more  explicit,  so 
as  to  remove  any  doubt  respecting  its  con- 
struction. See  Fox  v.  A  bel,  2  Conn.  Rep. 
541. 


Title  83.     Salaries  and  Fees.  387 

section,  shall  be  fined  a  sum  not  exceeding  two  dollars, 

nor  less  than  one  dollar.     And  all  tines  and  penalties,  in-  Appropriation 

curred  by  a  breach  of  this  act,  shall  be  for  the  use  of  the  of  tines>  &c. 
town  where  the  offence  is  committed. 

SECT.  9.  No  proprietor  or  proprietors,  or  driver  of  any  Stage-owners, 
coach,  waggon,  sleigh,  or  other  carriage,  belonging  to,  or  drivers,  Sec. 
employed  in,  any  line  of  stages,  or  extra  carriage  ;  or  anv^erson  to 
proprietor  or  driver  of  any  hackney    coach,    coachee,  travel  on° 
chaise,  sleigh,  or  other  pleasure  carriage;  shall  suffer  or  Lord's  day. 
allow  any  person  or  persons  to  travel,  except  from  neces- 
sity or  charity,  in  such  carriage,  on  the  Lord's  day,  on  Penalty, 
penalty  of  twenty  dollars  for  every  offence  :  Provided,  Proviso,  as  to 
that  this  act  shall  not  extend  to  the  owners  or  drivers  of  United  States' 
carriages  employed  for  carrying  the  United  States'  mail  mai1' 
through  this  state,  on  the  Lord's  day. 

SECT.  10.    No  person,  who  conscientiously  believes,  Persons  keep- 
that  the.  seventh  day  of  the  week  ought  to  be  observed  as  jj1?  seventh 
the  sabbath,  and  actually  refrains  from  secular  business  w^]°  no^to 
and  labor,  on  that  day,  shall  be  liable  to  the  penalties  of  be  liable  to 
this  act,  for  performing  secular  business  or  labor  on  the  the  penalties 
Lord's  day,  or  first  day  of  the  week,  provided  he  disturbs 
no  other  person  while  attending  the  duties  of  public  wor- 
ship. 

TITLE  83.     Salaries  and  Fees. 
An  Act  for  regulating  Salaries  and  Fees. 

-      TTJE  lt  enacie^  %  the  Senate  and  House  of  Rep- 
JJ  rescntativcs,  in  General  Assembly  convened, 
That  the  salaries  and  fees  of  the  several  officers  of  the  Salaries  and 
state  herein  mentioned,  and  of  the  members  of  the  gene-  ^esfoerstabllsh~ 
ral  assembly,  shall  be  established  as  follows,  to  wit : 

To  the  governor,   per  annum,  one  thousand  one  hundred  Governor, 
dollars. 

To  the  lieutenant-governor,  per  annum,  eight  hundred  Lieutenant- 
and  fifty  dollars.  Governor, 

To  each  member  of  the  senate,  and  the  clerk  thereof,  Senate  and 
while    in    session,  per    day,    two   dollars  ;    and    for  clerk» 
travel  in  going  to,  and  returning  from  the  place  of  ses- 
sion, nine  cents  per  mile. 

To  each  member  of  the  house  of  representatives,  while  Representa- 
in  session,  per  day,  one  dollar  and  fifty  cents,  and  to  tives,  speaker 
the  speaker,  an  addition  of  one  dollar  per  day,  and  to  and  clerks, 
each  of  the  clerks,  an  addition  of  fifty  cents  per  day ; 
and  for  travel  in  going  to  and  returning  from  the  place 
of  session,  nine  cents  per  mile. 


388  Title  83.     Salaries  and  Fees. 

Judges  of  su-     To  the  chief  judge  of  the  supreme  court  of  errors,  and 

ofe™or°s°Ur  superior  court,  one  thousand  one  hundred  dollars  per 

annum. 

To  each  of  the  four  associate  judges  of  the  supreme  court 
of  errors  and  superior  court,  one  thousand  and  fifty  dol- 
lars per  annum. 

Treasurer,  To  the  treasurer  of  the  state,  one  thousand  dollars  per 
annum,  three  hundred  of  which,  shall  be  paid  from  the 
school-fund,  for  services  regarding  that  fund. 

Comptroller,     To  the  comptroller,  one  thousand  dollars. 

Secretary,        To  the  secretary  of  state,  eighty-four  dollars. 

Sovemo7  °*      To  the  Secretai7  of  the  governor,  two  hundred  dollars. 

Reporter',  To  the  reporter  of  judicial  decisions,  three  hundred  and 
fifty  dollars. 

Commissioner    To  the  commissioner  of  the  school-fund,  one  thousand 

of  school  fund         dollars  per  annumi  to  be  paid  from  said  fund. 

Clerk,  To  the  clerk  of  said  commissioner,  a  sum  not  exceeding 

.two  dollars  per  day,  while  necessarily  employed,  to  be 
paid  from  said  fund. 

Clerks  of          To  each  of  the  clerks  of  the  treasurer  and  comptroller,  a 

treasurer  and         sum  not  exceeding  one  dollar  and  fifty  cents  per  day, 

comptroller.  while  neceMarily  employed. 

Salaries,  when       SECT.  2.  All  the  salaries  allowed  and  granted   by  thi& 
payable.  act,  shall  be  paid  semi-annually,  in  equal  instalments,  on 

the  second  Mondays  of  May  and  November,  in  each  year ; 
and  the  comptroller  is  hereby  directed  to  draw  on  the 
treasurer  for  the  same  ;  the  salary  of  the  commissioner  of 
the  school  fund,  excepted. 

Fees  of  the  Superior  Court. 

Fees  of  supcri-       SECT.  3.  For  trying  each  action,  four  dollars, 
or  court,  and     For  eacn  judgment  on  default  or  nonsuit,  two  dollars. 

Fees  of  the  Clerks  of  the  Superior  Court. 
Clerks.  SECT.  4.    For  entering  each  action  and  judgment,  fifty 

cents. 

For  each  jury- warrant,  thirty-four  cents. 
For  filing  and  opening  each  deposition,  five  cents. 
For  each  execution,  twenty-five  cents. 
For  copies,  or  records,  each  page  of  twenty-eight  lines, 

ten  words  in  a  line,  twenty-five  cents. 
P  Fees  of  County  Court. 

SECT.  5.  To  the  chief  judge,  three  dollars  and  fifty  cents, 
per  day,  during  the  session  of  the  court,  and  for  travel 
to  and  from  court,  nine  cents  per  mile. 
To  each  of  the  associate  judges,  three  dollars  per  day, 
during  the  session  of  the  court,  and  for  travel  to  and 
from  court,  nine  cents  per  mile. 
For  trying  each  action,  two  dollars. 
For  eachjudgmenton  default,  or  non-suit, fifty-nine  cent?. 


Title  83.     Salaries  and  Fee*.  389 

For  a  licence  to  each  tavern-keeper,  or  tanner,  one  dol- 

lar, whereof  to  the  clerk,  seventeen  cents. 

Fees  of  the  Clerks  of  the  County  Courts. 
SECT.  6.  For  entering  each  action,  five  cents. 
For  each  jury-warrant,  thirty-four  cents. 
For  entering  each  judgment,  or  continuance,  seventeen 

cents. 
For  opening  depositions,  the  same  as  clerks  of  the  superior' 

court. 
For  signing  writs,  taking  bonds,  &c.  the  same  as  justices  of 

the  peace,  for  like  services. 
For  each  execution,  seventeen  cents. 
For  copies,  or  records,  the  same  as  clerks  of  the  superior 

court.  -* 

Fees  of  Jurors  at  Superior  and  County  Courts.  Jurors.    / 

SECT.  7.  For  each  cause  in  which  a  jury  shall  be  em-  /2 

panneled,  seventy-five  cents  to  each  juror  attending,  /        ~  «  n 

fifty  cents  of  which  shall  be  paid  by  the  parties,  and  V   ' 

twenty-five  cents  by  the  state.  ( 

For  travel  to  and  from  court,  five  cents  per  mile.  3 

Fees  of  Courts  of  Probate.  Probate  fee*- 

SECT.  8.  For  granting  administration,  seventy-five  cents.  Administra- 
For  making  out  each  letter  of  administration,   twenty-  u 

five  cents. 

For  administration  bond,  twenty-five  cents.  Bond. 

For  each  decree,  limiting  the  time  for  exhibiting  the  Limitation  of 

,    .  /,         ,.  /-/•  creditors. 

claims  of  creditors,  fifty  cents. 

For  receiving   and   probate    of  each  will,  seventy-five  Probate  of 
cents.  , 

For  executor's  bond,  twenty  -five  cents.  boTd 

For  receiving  and  probate  of  each  inventory,  a  commis-  Inventory. 
sion  at  the  rate  of  fifteen  cents,  for  each  and   every 
thousand  dollars  thereof. 

For  setting  out  household  furniture  to  a  widow,  seventv-  Setting  outfur-- 
.,  -      mture  to  wid- 

five  cents.  ow. 

For  stating  and  settling  an  administrator's  or  executor's  Settling  ac- 

account,  one  dollar  and  twenty-five  c>  COUHI-- 

For  each  order  of  distribution,  seventy-five  cents.  Order  of  dS 

For  each  order  for  setting  out  dower,  fifty  cents.  tribution. 

For  an  order  appointing    appraisers  of  an  estate,  fiftv  1} 

cents.  '  APP™^S- 

For  an  order  of  notice  to  attend  the  appointment  of  com-  js0tj(-P. 

missioners,  fifty  cents.  App-v.u'ing 

For  an  order  appointing  commissioners,  fifty  cents.  comiuission- 

For  an  order  extending  the  time  of  settling  an  estate,  fifty  Extending 

cents.  time. 

For  accepting  and  approving  the  report  of  commissioners,  Approving  re- 
®                                                                       ' 


r  or  an  order  to  sell  real  or  personal  estate,  tiuy  cents.        Order  to  geu. 


390 


Title  83.     Salaries  and  Fees. 


Order  to  pay 
debts. 


Accepting  re- 
turn of  sale. 
Allowing  ap- 
peal. 

Approving 
distribution. 
Order  of  dis- 
tribution. 
Approving 
dower. 

Orderof  notice 
on  minors'  es- 
tate. 

Order, to  sell 
minors'  estate. 
Approving 
sale. 

Taking  bond 
on  sale. 

Guardian. 
Bond. 
Settling  ad- 
vancements, 
&c. 


Settling  guar- 
dian's ac- 
counts. 
Bond  from 
heirs. 

Citation. 
Hearing  on  do. 

Judgment. 


Appointing 
assistants  to 
guardian. 

Order  of  sup- 
port of  family. 

Hearing  mo- 
tion on  com- 
missioners' re- 


Reco 


ord. 


Copies. 

No  other  fees 
of  probate  al- 
lowed. 


For  an  order  on  an  executor  or  administrator,  to  pay  out 
of  the  estate,  to  creditors,  in  proportion  to  their  debts, 
one  dollar. 

For  accepting  a  return  of  the  sale  of  estate,  fifty  cents. 

For  allowing  an  appeal,  taking  bond,  and  making  out  judg- 
ment, thirty-four  cents. 

For  receiving  and  approving  a  distribution,  seventy-five 
cents. 

For  an  order  of  distribution,  seventy -five  cents. 

For  receiving  and  approving  the  return  of  setting  out  dow- 
er, fifty  cents. 

For  an  order  of  notice,  on  application  for  the  sale  of  real 
estate,  belonging  to  minors,  fifty  cents. 

For  an  order  to  sell  such  estate,  seventy-five  cents. 

For  receiving  and  approving  the  returns  of  sale  of  real  es- 
tate of  minors,  fifty  cents. 

For  taking  bond,  on  granting  an  order  for  the  sale  of  such 
estate,  fifty  cents. 

For  the  appointment  of  a  guardian,  twenty-five  cents. 

For  each  guardian  bond,  twenty-five  cents. 

For  adjusting  and  settling  advancements  to  children, 
on  making  an  order  of  distribution,  in  case  such  ad- 
vancements are  claimed  to  have  been  made,  one 
dollar. 

For  hearing  and  adjusting  the  accounts  of  a  guardian 
with  his  ward,  seventy -five  cents. 

For  taking  a  bond  from  heirs  to  refund,  if  debts  after- 
wards appear  against  the  estate,  twenty-five  cents. 

For  a  citation,  when  by  law  required,  fifty  cents. 

For  hearingandjudgment  on  return  of  the  same,  when  ad- 
verse parties  appear,  and  a  trial  is  had,  one  dollar. 

For  a  judgment  in  case  of  no  such  appearance  of  ad- 
verse parties,  fifty  cents. 

For  hearing  an  application  for  the  appointment  of  per- 
sons to  assist  a  guardian  in  making  a  partition  of  mi- 
nors' lands,  seventy -five  cents. 

Foran  order  making  allowance  for  the  support  of  a  family, 
during  the  settlement  of  an  estate,  fifty  cents. 

For  hearing  and  allowing  a  motion,  to  review  the  report 
of  commissioners,  fifty  cent^. 

For  making  each  and  every  record,  at  the  rate  of  twenty- 
five  cents,  for  each  page,  containing  two  hundred  and 
eighty  words. 

For  making  each  and  every  record,  containing  less  than 
half  a  page,  twelve  and  half  cents. 

For  making  each  and  every  copy,  when  requested,  the 
same  sum  as  is  herein  provided,  for  making  records. 
SECT.  9.  The  fees  herein  stated,  shall  include  all  char- 
ges, which  may  lawfully  be  made  by  the  judges  of  pro- 


Title  83.     Salaries  and  Fees.  391 

bate  and  their  clerks,  other  than  such  as  are  by  stat- 
ute provided. 

Fees  of  Justices  of  Peace. 

SECT.  10.  For  signing  each  attachment,  summons  or 
subpoena,  nine  cents. 

For  taking  a  recognizance,  nine  cents. 

For  each  mittimus,  twenty-five  cents.         • 

For  the  entry  and  trial  of  each  action,  fifty  cents. 

For  each  execution,  seventeen  cents. 

For  judgment  on  default,  confession,  or  non-suit,  twen- 
ty-five cents. 

For  a  bond  on  an  appeal,  nine  cents. 

For  copies,  or  records,  the  same  as  clerks  of  the  su- 
perior court. 

For  an  affidavit  taken  out  of  court,  nine  cents. 

For  entering  a  plea  of  title,  and  taking  bond,  fifty 
cents. 

For  taking  an  acknowledgment  of  a  deed,  by  any  judge 
or  justice  of  the  peace,*nine  cents. 

Fees  of  the  Secretary  of  State.  Secretary. 

SECT.  11.  For  recording  laws  and  orders  of  the  gene- 
ral assembly,  of  a  public  nature,  each,  seventeen 
cents. 

For  affixing  the  state  seal,  each  time,  seventeen  cents. 

For  each  military  commission,  seventeen  cents. 

For  each  commission  for  justices  of  a  county,  eighty- 
four  cents. 

For  each  commission  of  a  judge  of  the  supreme  court 
of  errors,  and  superior  court,  fifty  cents. 

For  each  commission  for  a  judge  of  the  county  courts, 
or  courts  of  probate,  twenty-five  cents. 

For  each  petition,  or  memorial  to  the  general  assembly, 
twenty-five  cents. 

On  each  petition  to  the  general  assembly,  three  dollars 
and  thirty-four  cents,  for  the  use  of  the  state. 

For  a  copy  of  each  order  of  the  general  assembly,  on  a  pe- 
tition or  memorial,  not  exceeding  one  folio  page,  twen- 
ty-five cents. 

For  copies  of  a  greater  length,  and  all  other  copies,  the 
same  as  the  clerk's  of  the  superior  court. 

Fees  of  Sheriff's  and  Constables. 
SECT.  12.  To  each  sheriff",  who  shall  actually  attend  sheriffs,  &e. 

at  the  general  election,  for  the  two  days  on  which  his  at-  for  attending 

tendance  is  required,  and  for  travel,  the  same  as  shall  be  general  assem- 

allowed  per  day,  and  for  travel,  to  a  member  of  the  house     y' 

of  representatives,  for  the.  time  being. 

To   the  sheriff",  attending  the  general  assembly,  the  su-  Attending 
preme  court  of  errors,  superior  or  county  courts,  per  courts- 
day.  two  dollars. 


392 


Title  83.     Salaries  and  Fees. 


Returning 
votes. 

Travel  to 
serve  writs, 
&c. 


Summoning 
jurors. 


Serving  sum- 
mons, 
by  reading, 
copy. 
Attachment. 


Taking   bail. 


Copies  of 
writs  and  in- 
dorsements. 


To  the  sheriff's  deputy,  attending  as  above,  per  day,  one 
dollar  and  fifty  cents. 

To  constables,  attending  as  above,  per  day,  one  dollar 
and  twenty -five  cents. 

To  the  sheriff,  for  returning  votes  to  the  secretary,  going 
to,  and  returning  from,  nine  cents  per  mile. 

To  sheriffs,  .constables  or  other  persons,  for  each  mile 
travel  to  serve  writs,  or  other  process,  five  cents,  to 
be  computed  from  the  place  of  the  officer's  abode,  to  the 
place  of  service,  and  from  thence,  to  the  place  of  re- 
turn ;  also,  for  travel  across  any  toll  bridge  or  ferry 
actually  passed,  in  making  the  service  of  a  writ  or  ex- 
ecution, the  sum  by  law  payable  at  such  bridge  or  ferry, 
for  man  and  horse,  if  actually  paid,  on  the  service,  or 
return  of  such  writ  or  execution,  but  not  any  sum  for 
passing  a  turnpike  gate. 

To  constables,  for  summoning  jurors  to  attend  the  coun- 
ty, or  superior  courts,  the  same  for  travel  to  serve  as 
above,  but  nothing  shall  be*allowed  for  travel  to  return 
the  summons  ;  and  when  the  jurors  are  summoned  to 
attend  the  county  court,  the  said  fees  shall  be  paid  from 
the  county  treasury,  and  when  summoned  to  attend  the 
superior  court,  from  the  state  treasury. 

To  sheriffs,  constables,  or  other  persons,  for  serving  every 
summons,  by  reading,  nine  cents. 

For  serving  every  summons,  by  copy,  twelve  cents. 

For  serving  an  attachment,  by  reading,  or  copy,  twelve 
cents. 

For  taking  bail  and  bail-bond,  on  each  writ  of  attachment, 
if  returnable  to  a  justice  of  the  peace,  thirty-four  cents  ; 
if  returnable  to  a  city,  or  county  court,  and  the  de- 
mand therein  be  five  hundred  dollars,  or  less,  fifty 
cents  ;  if  the  demand  be  more  than  five  hundred  dol- 
lars, one  dollar. 

For  taking  bail  and  bail-bond,  of  a  person  committed  to 
gaol  on  mesne  process,  the  same  as  above,  and  five 
cents  per  mile,  for  travel,  to  and  from  gaol. 

Jn  all  cases,  except  in  writs  and  declarations,  on  promis- 
sory notes  or  book  debts,  according  to  the  ordinary 
forms,  when  necessarily  served  by  copy,  and  the  copy, 
exclusive  of  the  indorsement,  shall  make  a  page  of 
twenty-eight  lines,  ten  words  in  a  line,  for  each  copy, 
twenty-five  cents. 

For  each  indorsement  of  service,  that  shall  make  fourteen 
lines,  ten  words  in  a  line,  twelve  cents. 

For  every  additional  page,  or  part  of  a  page,  of  such 
copy,  or  indorsement,  at  the  same  rate  ;  and  for  a 
copy  of  the  indorsement,  when  necessary  to  be  made, 
and  it  shall  make  half  a  page  as  aforesaid,  or  more,  at 
the  same  rate. 


Title  83.     Salaries  and  Fees.  393 

In  all  cases,  in  which  any  claim  shall  be  made  for  any  Ite™9  of  fees 
compensation  to  any  person,  on  the  service  of  an  at- 
tachment or  execution,  for  time  and  expenses,  in  keeping, 
securing  or  removing  property  taken  thereon,  the  person, 
who  served  such  attachment  or  execution,  shall  make  out 
his  bill  on  the  same,  for  such  compensation,  specifying 
th>>  items  therein,  to  wit,  the  labor  done,  and  by  whom, 
the  time  spent,  and  how  long,  the  money  paid,  if  any,  and 
to  whom,  and  for  what ;  and  in  case  of  attachment,  the 
court,  in  which  the  bill  of  costs  shall  be  finally  taxed, 
may,  on  consideration,  allow  therefor,  such  sum  as  is  just 
and  reasonable,  and  the  same  shall  be  added  to,  and 
taxed  with  the  costs  in  the  action. 
For  levying  and  collecting  every  execution,  where  the 

money  is  actually  collected  and   paid  over,  or  where  Collecting  ex- 
the  debt  is  secured  and  satisfied  by  the  officer,  to  the  ecution?- 
acceptance  of  the  creditor,  when  the  amount  of  the 
execution  does  not  exceed  three  dollars  and  thirty-four 
cents,  the  officer  collecting  the  same,  shall  be  allowed 
seventeen  cents,  and  two  per  cent  on  the  amount  of 
the  execution,  above  that  sum  ;  and  when  the  execu- 
tion shall  be  levied  on  the  body  of  the  debtor,  and  he 
committed  to  gaol,  one  per  cent  on  the  amount  of  the 
execution,  shall  be  allowed  to  the  officer,  and  no  more. 
For  attending  the  trial  of  any  action,  before  a  justice  of  Attending  a 
the  peace,  where  such  attendance  is  necessary,  sixty-  justice  court, 
seven  cents. 

For  committing  any  person  to  gaol,  on  mesne  or  final  Travel  for 
process,  twenty  cents  per  mile  for  travel  from  the  place  commitme«t. 
of  arrest  to  the  gaol,  in  lieu  of  all  other  expenses. 
SECT.  13.  No  sheriff,  constable  or  other  officer  shall  No  other  fees 
-add,  or  make  any  other  items  of  fees,  not  specified  in  to  be  charged 
this  act,  for  the  service,  or  return  of  any  civil  process  jg.  s^e"S 
whatever,  nor  for  any  other  purpose,  in  civil  causes,  but  causes, 
shall  be  wholly  confined  to  the  fees  in  this  act  speci- 
fied. 

Fees  for  Parties  in  civil  actions. 
SECT.    14.  For   attending    court,    per  day,  twenty-five  Parties. 

cents. 

For  travel  to  court,  per  mile,  three  cents. 
F<?  •  .-•  for  Witnesses  in  civil  cauaes,  taxable,  in  a  bill  of  costs. 
SECT.    15.    For   attending    court,    per   day,   thirty-four  Witnesses. 

cents. 
For  travel  to  court,  per  mile,  five  cents. 

Fees  for  laying  out  and  -viewing  Highways. 

SECT.    16.  To   each  committee-man,    from    the   county  Laying  out 
court,  for  laying  out  a  highway,  per  day,  three  dollars.   "S  Ways< 
To  each    nnman,  for  viewing,  and  reassessing  damages 
on  highways,  per  day,  one  dollar  and  fifty  cents. 
50 


394 


Title  83.     Salaries  and  Fees. 


Attorney. 


Gaolers. 


To  the  sheriff  or  deputy-sheriff,  for  summoning  and  at- 
tending on  such  jury,  per  day.  three  dollars. 

Fees  of  Town-Clerks. 

Town-clerks.    SECT.  17.  For  recording  a  deed,  seventeen  cents. 
For  a  copy  of  a  deed,  seventeen  cents. 
For  other  copies  and  records,  the  same  fees  as  are  allow- 
ed the  clerks  of  the  superior  court. 
For  recording  a  marriage,  birth  or  death,  twelve  cents. 

Fees  of  Attorney,  taxable  in  a  bill  of  costs. 
SECT.   18.  At  the  superior  court,  one  dollar  and  thirty- 
four  cents. 
At  the  county  court,  sixty-seven  cents. 

Fees  of  Gaolers. 

SECT.  19.  For  each  commitment  and  discharge  of  pris- 
oner, fifty-cents. 
For  dieting  each  prisoner,  per  week,  such  sum  as  shall  be, 

from  time  to  time,  allowed  by  the  county  court. 
For  every  bond  for  the  liberties  of  the  prison,  one  dollar. 
For  commission  on  any  sum  not  exceeding     $134,    $1  00 
do.  ,          do.  360,      2  25 

do.  do.  750,       3  75 

do.  do.  1335,      500 

do.  do.          2400,       7  50 

do.  do.          6000,    15  00 

do.  do.       13,350,    25  00 

and  on  any  greater  sum  than  13.350   dollars,    three 
sixteenths  of  one  per  cent.     But  if  any  person  shall  be 
confined  on  two  or  more  executions,  and  separate 
bonds  be  necessary,  the  several  sums  of  the  executions 
shall  be  added  together,  and  a  computation  of  fees, 
made  upon  the  total,  on  the  principles  aforesaid. 
Fees  for  Writs,  Petitions,  fyc.  taxable  in  bills  of  costs. 
SECT.  20.  For  each  common  and  ordinary  writ  and  dec- 
laration on  book  or  note,  exclusive  of  duty,  signing,  and 
bond,  fifty  cents. 

For  all  other  writs  and  declarations,  or  petitions,  which 
do  not  exceed  one  page,  of  two  hundred  and  eighty 
words,  exclusive  of  duty,  signing  and  bond,  fifty  cents. 
For  each  succeeding  page  of  the  same  number  of  words. 

fifty  cents. 

For  bills  in  form  and  reports  of  auditors,  twenty-five  cents 
per  page. 

Fees  of  Grand-Jurors. 
SECT.  21.  For  attending  the  superior  or  county  court, 

each,  per  day,  sixty-seven  cents. 
For  travel  to  court,  per  mile,  six  cents. 
For  attending  before  a  justice  court,  when  their  attend- 
ance is  necessary,  each,  per  day,  fifty  cents. 


Grand-jurors. 


Title  83.     Salaries  and  Fees.  395 

Fees  of  Witnesses  in  criminal  causes.  Witnes 

SECT.  22.  For  attendance  in  superior  or  county  court,  criminal  c'aus- 

and  expenses,  each,  per  day,  sixty-seven  cents.  es. 

For  attendance  before  a  justice  court,  each,  per  day,  thir- 
ty-four cents. ' 
For  travel  to  court,  per  mile,  six  cents. 

Fees  of  Sheriffs  and  other  officers,  in  criminal  causes.        Sheriffs,  &c. 
SECT.  23.  For  each  arrest,  fifty  cents.  in  criminal 

For  travel  with  a  prisoner,  to  court,  to  gaol,  or  to  new-gate  ca»ses. 

prison,  per  mile,  twenty-five  cents. . 
For  travel,  to  make  arrest,  per  mile,  five  cents. 
For  attending  court  with  prisoner,  when  necessary,  per 

day,  one  dollar. 
For  setting  a  prisoner  at  the  bar  of  a  court,  each  time, 

one  dollar. 
For  holding  a  prisoner  in  custody,  by  order  of  court,  one 

dollar  per  day  ;  and  other  reasonable, expenses,  for 

keepers,  &c.  to  be  specified  in  his  bill  of  items. 
Fees  of  Clerks  of  Superior  and  County  Courts,  in  criminal  clerks  in  crim- 

causes.  inal  causes. 

SECT.  24.  For  the  arraignment  of  a  prisoner,  one  dollar. 
For  calling  a  bond,  entry  and  judgment,  one  dollar. 
For  a  warrant,  for  commitment  to  new-gate,  fifty  cents. 
For  a  habeas  corpus,  fifty  cents. 
For  a  mittimus,  twenty-five  cents. 
For  a  capias,  twenty-five  cents. 

Fees  of  Justices  of  the  Peace,  in  criminal  catises. 
SECT.  25.  For  drawing  each  complaint  of  grand-juror,  or 

other  informing  officer,  and  warrant,  the  same  as  for  fnal  causes. 

writs,  &c.  in  civil  causes. 

For  each  trial  and  judgment,  when  final,  fifty  cents. 
For  each  hearing  and  binding  over  to  the  county  or  su- 
perior court,  or  acquittal,  seventy-five  cents. 
For  allowing  an  appeal,  and  for  copies,  the  same  as  in 

civil  causes. 

Fees  of  State's  AtUornies.  State,g  attor. 

SECT.  26.    For  conducting  and  pleading  each  criminal  nies. 

cause,  not  capital,  before  the  superior  court,  on  bill 

found  by  a  grand-jury,  nine  dollars. 
For  drawing  an  indictment,  or  information,  one  dollar. 
For  a  trial  before  the  superior  court,  in  a  criminal  cause, 

on  an  information,  or  for  conducting  and  pleading  a 

civil  cause,  on  behalf  of  the  state,  seven  dollars. 
For  prosecuting  a  civil  cause,  on  behalf  of  the  state, 

when  judgment  is  given  on  confession,  or  default,  in 

the  superior  court,  three  dollars  and  thirty-four  cents. 
For  a  confession,  or  plea  of  guilty,  before  the  superior 

court,  in  a  criminal  cause,  five  dollars. 


396  Title  84.     Schools. 

For  a  trial  in  a  capital  cause,  fourteen  dollars. 

Fora  nolle-prosequi  entered,  or  a  return  of  a  grand-jury, 
"  Not  a  true  bill,"  three  dollars  and  thirty-four  cents. 

For  an  assistant  attorney,  in  any  trial  not  capital,  before 
the  superior  court,  in  behalf  of  the  state,  an  additional 
fee,  of  three  dollars  and  thirty-four  cents. 

And  if  in  a  capital  cause,  seven  dollars. 

For  prosecutions  on  behalf  of  the  state,  in  the  county 
courts,  the  state's  attorney  shall  be  allowed  a  sum.  not 
exceeding  two  thirds  of  the  fees,  allowed  for  the  like 
services,  in  the  superior  court. 
Notaries  pub-  Fees  of  Notaries  Public. 

SECT.  27.  For  noting  a  bill  of  exchange,  or  promissory 
note  for  protest,  twenty-five  cents. 

For  entering  a  protest  of  the  same,  fifty  cents. 

For  recording  a  protest,  twenty-five  cents. 

For  noting,  without  protest,  fifty  cents. 

For  notice  to  indorsers,  &c.  twenty-five  cents,  each. 

For  travel,  per  mile,  nine  cents. 

For  taking  acknowledgment  of  power  of  attorney,  twen- 
ty-five cents. 

For  affixing  the  notarial  seal,  twenty-five  cents. 

For  a  marine  protest,  two  dollars. 

For  each  certificate,  twenty-five  cents. 

For  copies',  the  same  as  clerks  of  the  superior  court. 
Fees  on  a  trial  of  Forcible  Entry  and  Detainer. 

SECT.  28.  For  the  judge,  two  dollars. 

For  the  justice  of  peace,  one  dollar. 

For  each  juror,  fifty  cents. 

For  the  officer  who  summons  the  jury,  and  attends  the 
court,  two  dollars. 

TITLE  84.     Schools. 
CHAP.  I. 

An  Act  for  the  regulation  of  School   Societies, 
and  for  the  support  of  Schools. 

.     T^E  it  enacted  by  the  Senate  and  House  of  Rep- 
JJ  resentatives,  in  General  Assembly  convened, 

tS°howcOT     That  allinnabitants  living  within  the  limits  of  ecclesiastical 

stitutecT; C<        societies  incorporated  by  law,  shall  constitute  school  so- 

may  hold          cieties,  and  shall  annually  meet  some  time  in  the  months 

meetings ;        of  September,  October  or  November,  or  at  such  other 

time  as  they  may  judge  proper,  at  the  usual  place  in 

such  societies  for  holding  meetings,  or  at  such  other  place 

as  may  be  designated,  by  a  vote  of  the  society,  upon  ?, 


Title  84.     Schools. 


397 


warning  and  notice  to  be  given  to  them,  at  least  five  days 
before  such  meeting,  by  the  committee  of  the  society,  or 
if  there  be  no  committee,  by  the  clerk  ;  and  being  law- 
fully assembled,  they  shall  choose  a  moderator,  a  clerk,  elect  officers; 
a  treasurer,  and  three  or  more  of  their  members  to  be  a 
committee,  to  order  the  affairs  of  the  society  for  the  year 
ensuing.  The  clerk  shall  take  the  oath  prescribed  by 
law,  and  shall  make  entries  of  nil  the  votes  and  proceed- 
ings of  the  society,  a  copy  of  which,  attested  by  him.  shall 
be  legal  evidence  in  all  courts,  and  he  shall  continue  in 
office  till  another  is  chosen  and  sworn  in  his  room :  and 
if  any  person,  duly  appointed  to  an  office,  shall  refuse  to 
accept  and  execute  it,  he  shall  suffer  the  penalty  which 
town  officers  are  liable  to,  for  not  accepting  an  office. 
SECT.  2.  School  societies,  in  legal  meeting,  shall  have 
power  to  lay  taxes,  to  build  and  repair  school-houses,  and 
to  support  schools  ;  and  to  make  any  lawfiil  agreements, 
for  such  purposes.  (1) 


(1)  The  people  of  Connecticut  have  al- 
ways considered  the  education  of  children 
to  be  a  subject  of  primary  importance, 
and  have  attended  to  it  with  peculiar  so- 
licitude. At  an  early  period,  they  made 
provision  for  common  schools,  for  the  pur- 
pose of  disseminating  the  most  necessary 
and  useful  knowledge  to  every  part  of  the 
community.  Prior  to  the  revision  in  1672, 
a  iv^ulation  was  made,  that  in  every  town 
where  there  were  more  than  fifty  house- 
holders, a  school  should  be  kept,  to  teach 
the  children  to  read  and  write;  that  a  gram- 
mar school  should  be  kept  in  each  county 
town  ;  and  that  the  master  should  be  paid 
by  the  parents,  or  inhabitants  in  general. 
In  1700,  a  law  was  made,  requiring,  that  in 
every  town  having  seventy  or  more  house- 
holders, a  constant  school  should  be  kept ; 
and  where  there  were  less  than  seventy,  a 
school  should  be  kept  half  the  time.  In 
this  year,  a  most  effectual  provision  was 
made  for  the  support  of  common  schools. 
The  law  directed,  that  the  inhabitants  of 
every  town  should  pay  forty  shillings  on 
their  lists,  for  the  support  of  the  school- 
master, to  be  collected  with  the  public  or 
county  tax  ;  and  if  any  town  tailed  to  pro- 
vide a  school-master  according  to  law, 
this  sum  was  to  be  collected,  and  paid  to 
the  county  treasury,  as  a  fine  upon  such 
negligent  town  :  and  where  this  fund  was 
insufficient  to  support  the  school,  the  defi- 
ciency was  to  be  made  up,  one  half  by  the 
inhabitants  of  the  town,  and  the  other  half 
by  the  parents  or  masters  of  the  children. 
In  17 17,  a  statute  was  passed,  requiring  that 
in  every  society  or  parish,  in  which  there 
were  seventy  families,  a  school  shoujd  be 


kept  at  least  eleven  months  in  the  year ; 
and  where  there  was  a  k-ss  number,  not 
less  than  half  the  year :  And  authorising  the 
major  par  of  the  householders  in  each  soci- 
ety, to  lay  and  collect  taxes  for  the  support 
of  schools.  In  1766,  each  town  and  socie- 
ty were  empowered  to  divide  themselves 
into  districts,  and  to  alter  the  same  :  and 
each  district  was  entitled  to  draw  its  pro- 
portion of  the  public  money,  according  to 
their  list. 

Various  funds,  from  time  to  time,  were 
provided  for  the  support  of  schools.  In 
1733,  the  avails  of  the  sale  of  seven  towns 
in  the  western  part  of  the  colony,  were 
divided  among  the  several  towns  ;  the  in- 
terest to  be  applied  to  the  support  of 
schools  forever.  In  1765,  certain  sums  of 
money  due  for  excise  on  goods,  were  ap- 
propriated in  the  same  manner. 

In  1795,  the  legislature  passed  an  act 
appropriating  the  money  arising  from  the 
sale  of  the  western  reserve  to  be  a  per- 
prtual  fund,  the  interest  of  which  should 
annually  be  applied  to  the  use  of  schools 
throughout  the  state.  These  lands  sold  for 
the  sum  of  one  million  two  hundred  thou- 
sand dollars,  which  has  since  been  increas- 
ed to  one  million  seven  hundred  thousand 
dollars,  the  annual  interest  of  which  is 
destined,  and  pledged,  by  the  constitution, 
to  the  support  of  public  or  common  schools. 
This  will  forever  furnish  an  ample  and  suffi- 
cient fund  for  that  interesting  and  all  im- 
portant object. 

The  business  respecting  schools  was, 
for  a  long  time,  transacted  in  trwns,  or  in 
ecclesiastical  societies,  where  thore  were 
more  than  one  in  a  town.  This  was  suffi- 


398  Title  84.     Schools 

may  establish        SECT.  3.  Each  school  society  shall  have  power  to  di- 
chooldis-        ^.jjg  itself  into  and   establish  proper  and  necessary  dis- 
tricts for  keeping  schools,  and  to  alter  them  from  time  to 
time  as  there  may  be  occasion  :  and  whenever  it  may  be 
necessary  and  convenient  to  form  a  district  of  two  or 
more  adjoining  societies,  such  district  may  be  formed  by 
the  vote  of  said  societies,  and  altered  or  dissolved  at  their 
pleasure  :  and  every  such  district  shall  be  under  the  in- 
spection and  superintendence  of  the  society  where  the 
school-house  shall  be  situated  :  and  when  such  district 
shall  agree  to  build  a  school-house,  the  place  on  which 
Place  for          the  same  shall  be  erected,  shall  be  fixed  by  a  committee 
erecting  agreed  on  by  said  societies,  upon  application  of  said  dis- 

"56  trict,  or  any  part  thereof;  and  the  committee  shall  re- 
turn their  doings,  in  writing,  to  the  clerk  of  the  so- 
ciety within  the  limits  of  which  the  place  shall  be 
fixed  ;  which  shall  be  recorded. 
Power  to  dis-  SECT«  4.  Every  school  society  shall  have  power,  on 
solve  or  alter  application  duly  made,  by  any  district,  incorporated  by 
incorporated  special  act  of  the  general  assembly,  lying  within  the  local 
districts.  limits  of  such  society,  to  dissolve  or  alter  such  district,  in 

the  same  manner  as  if  said  district  had  been  constituted 
by  such  society,  in  case  two  thirds  of  the  inhabitants  of 
said  district,  present  at  a  legal  meeting,  warned  for  that 
purpose,  and  qualified  to  vote,  shall  agree  to  make  such 
application.  Whenever  the  parts  of  any  district,  incor- 
porated by  special  act  of  the  general  assembly,  shall  be 
situated  in  two  or  more  distinct  school  societies,  such 
district  shall  not  be  dissolved  but  by  the  vote  of  each  of 
said  societies,  on  application  to  them  respectively  made 
as  aforesaid. 

Or  annex  them  SECT.  5.  Each  school  society  shall  have  power  to  an- 
to  other  dis-  nex  any  district  within  its  limits,  formed  by  an  act  of  the 
tricte.  general  assembly,  to  other  adjoining  districts,  or  to  form  it 

into  two  or  more  districts,  as  may  be  most  convenient : 
provided,  such  district,  in  a  legal  meeting,  shall  consent 
to  waive  the  benefit  of  the  act  of  incorporation  ;  and 
when  such  district  shall  be  annexed  to  other  adjoining  dis- 
tricts, the  funds  of  such  district,  if  any  there  be,  shall  be 
divided  as  they  shall  agree,  by  a  major  vote,  in  a  legal 
meeting :  and  when  such  district  is  divided  into  two  or 
more  districts,  the  funds  shall  be  distributed  in  proportion 
to  their  respective  lists. 

May  appoint  SECT.  6.  Each  school  society,  at  their  annual  meeting, 
a  committee  shall  have  power  to  appoint  a  proper  person  to  be  a  com- 

ciently  convenient  so  long  as  nearly  all  the  more  convenient  to  form  all  the  inhabit- 

members,  living  within  the  same  local  lira-  ants  within  the  limits  of  ecclesiastical   so- 

its,  belonged  to  the  same  ecclesiastical  so-  cieties  into  school  societies,  and  separate 

ciety.  But  when  various  religions  societies  them  from  the  ecclesiastical  societies, 
were  formed  in  the  same  limits,  it  was  found 


Title  84.     Schools.  399 

snittee  for  each  school  district,  whose  duty  it  shall  be  to  for  each  dis- 
manage  the  concerns  of  the  district,  and  to  provide  an 
instructor  for  the  school,  with  the  assent  of  the  district, 
and  the  approbation  of  the  visitors  of  the  school  society. 
SECT.  7.  The  inhabitants  of  school  districts,  shall,  in 
their  lawful  meetings,  by  a  major  vote,  have  power  to  Powers  of 
appoint  a  clerk,  who  shall  be  sworn,  and  whose  duty  it 
shall  be  to  make  true  entries  of  all  their  votes  and  pro- 
ceedings, and  to  give  attested  copies  thereof,  which  shall 
be  legal  evidence  in  all  courts ;  to  appoint  a  treasurer,  who 
shall  be  sworn  to  a  faithful  discharge  of  his  trust,  and 
who  shall  receive  all  monies  belonging  to  the  district,  and 
pay  out  the  same  to  the  order  of  the  district,  or  the 
committee,  and  render  his  account  annually ;  to  make 
rules  relative  to  the  school-house,  and  to  damages  done 
the  same,  and  to  the  furniture  and  appendages,  and  rela- 
tive to  the  wood  to  be  supplied  by  the  inhabitants  ;  and  to 
compel  obedience,  by  denying  the  privilege  of  the  school, 
to  the  children  of  those  who  refuse  a  compliance  with  such 
rules;  to  build  and  provide  a  school-house  ;  and  to  lay 
taxes,  for  the  purpose  of  building  and  repairing,  or  other- 
wise procuring,  a  school-house  for  said  district,  of  fur- 
nishing the   house  with  the  necessary  appendages  and 
accommodations,  and  of  purchasing  suitable  ground  on 
which  to  erect  such  school-house,  and  of  supplying  wood ; 
and  to  appoint  a  collector  to  collect  such  taxes  as  by 
them  shall  be  laid,  who  shall  have  the  same  power  to  levy  Collector, 
and  collect  such  taxes,  by  warrant  from  a  justice  of  the 
peace,  as  collectors  of  town  taxes  have  by  law,  and  shall 
be  responsible,  in  the  same  manner,  for  any  neglect.    And 
every  person  who  shall  be  duly  chosen,  by  any  school 
district,  to  be  a  collector,  and  shall  neglect  or  refuse  to 
serve  in  such  office,  if  he  be  able  in  person  to  execute  penafty  for 
the  same,  shall  forfeit  the  sum  of  five  dollars,   to  the  neglect    to 
treasurer  of  the  school  society,  in  which  the  district  is  8erve- 
located,  unless  he  can  make  it  appear,  that  he  is  oppres- 
sed by  such  appointment,  and  that  others  are  unjustly  ex- 
empted ;  any  justice  of  the  peace  to  hear  and  determine 
the  same.     And  the  several  school  societies  and  school  ^a"8^'65 
districts,  are  authorized  to  appoint  either  of  the  consta-  ported.  ^ 
bles  of  the  town  or  towns  in  which  such  school  society  or 
district  may  be  situated,  to  be  collector  of  the  taxes  of 
such   school  society  or  district,  whether  such  constable 
belong  to  said  district  or  society,  or  not ;  and  when  any* 
collector  shali  die  or  resign,  it  shall  be  the  duly  of  the 
society  or  district,  to  appoint  a  collector,  within  three  Vacancies  to 
months  thereafter,  in  the  place  of  the  one  who  may  have  be  filledl 
died  or  resigned.     And  whenever  a  district  shall  agree 
to  build  a  school-house,  the  place  where  it  shall  be  erect- 


400 


Title  84.     Schools. 


Visitors  of 
schools. 


School-mas- 
ters must  be 
approved  by 
visitors. 


School  of  a 
higher  order. 


ed,  (unless  the  inhabitants  of  the  district  unanimously 
agree  on  the  place,)  shall  be  fixed,  by  a  committee  ap- 
pointed by  the  school  society  for  that  purpose,  who  shall 
return  their  doings  in  writing  to  the  clerk  of  the  society, 
which  shall  be  by  him  recorded.  And  all  meetings  of 
school  districts  shall  be  called  by  the  committee  thereof, 
appointed  by  the  school  society,  who  shall  give  three 
days'  warning  inclusively,  to  all  the  qualified  voters  living 
in  the  limits  of  such  district,  to  meet  at  some  convenient 
time,  and  at  some  convenient  place  within  the  district. 

SECT.  8.  Each  school  society  shall  appoint  a  suitable 
number  of  persons,  not  exceeding  nine,  of  competent 
skill  in  letters,  to  be  overseers,  or  visitors  of  the  schools 
in  such  society,  whose  duty  it  shall  be  to  examine  the  in- 
structors, and  to  displace  such  as  may  be  found  deficient 
in  any  requisite  qualification,  or  who  will  not  conform  to 
the  regulations  by  them  adopted ;  to  superintend  and  di- 
rect the  general  instruction  of  the  scholars  ;  and  to  visit 
the  schools  twice  at  least,  during  each  season  for  school- 
ing ;  at  which  visitations  two  or  more  of  them  shall  be 
present,  when  they  may  require  from  the  master  such  ex- 
ercises of  the  youth,  as  will  show  their  proficiency  in 
learning. 

SECT.  9.  No  person  shall  keep  a  district  school,  until 
he  has  been  examined,  and  approved,  by  the  visitors  of  the 
school  society,  to  which  the  district  belongs,  and  shall  re- 
ceive a  certificate  of  such  examination  and  approbation, 
subscribed  by  such  visitors,  or  a  majority  of  them,  or  by 
a  committee  consisting  of  not  less  than  three  of  their 
number,  to  be  appointed  by  such  visitors,  or  a  majority  of 
them,  in  any  of  their  meetings,  which  appointment  such 
visitors  are  hereby  authorized  to  make. 

SECT.  10.  Any  school  society  shall  have  liberty,  by  a 
vote  of  two  thirds  of  the  inhabitants  present,  in  a  legal 
meeting  warned  for  that  purpose,  to  institute  a  school  of 
a  higher  order,  for  the  common  benefit  of  the  society,  the 
object  of  which  shall  be  to  instruct  the  youth  in  English 
grammar,  composition,  geography  and  the  learned  lan- 
guages ;  and  no  pupil  shall  be  admitted  into  such  school 
till  he  shall  have  passed  through  the  ordinary  course  of 
instruction  in  the  common  schools,  and  has  arrived  to 
such  maturity  of  years  and  understanding,  as  to  be  capa- 
ble of  pursuing  the  higher  branches  of  learning  in  such 
.  school.  And  the  visitors  of  the  schools  in  each  school 
society,  or  a  majority  of  them,  shall  have  power  to  admit 
such  number  of  pupils  to  the  school  of  a  higher  order 
as  can  conveniently  be  instructed  in  it,  and  in  such  course 
as  will  give  to  all  an  equal  opportunity  ;  and  the  schoo-1 
money  shall  be  apportioned  according  to  the  number  of 


Title  84.     Schools.  401 

scholars,  between  the  ages  of  four  and  sixteen,  that  at- 
tend the  school  of  a  higher  order  from  any  district,  and 
those  that  attend  the  common  school  in  the  same  district. 

SE'JT.    11.  The  committee  of  each  school  society,  or  School  society 
such  other  person  or  persons,  as  such  society  shall   ap-  committee  to 
point,  shall  have  power  to  take  care  of  all  bonds,  or  other  SSsoVthe  ^ 
securities,  or  monies,  which  have  heretofore  been  divided  ciety. 
and  set  out  to  such  society  for  the  benefit  of  schools,  and 
now  belong  to   the  same  :  and  of  all  lands  and  olher 
estates,   which  have  been  granted  or  sequestered  to  the 
use  of  schools,  and  now  belong  to  such  society,  and  to 
loan  such  monies  and  to  lease  such  lands  or  real  estate, 
and  to  take  bonds,  leases,  or  other  securities  to  them- 
selves and  their  successors  in  office,  for  the  use  aforesaid; 
and  to  institute  suits  thereon,  and  the  same  pursue   to 
final  judgment  and  execution  ;  which  bonds,  leases,   and 
other  securities  shall  be  lodged  with  the  treasurer  of  such 
society,  under  the  direction  of  said  committee,  who  shall 
collect  and  receive  the  annual  proceeds  of  such  funds,  and 
account   for  and  pay  over  the  same  to  the  treasurer  of 
said  society,  for  the  use  of  schools  therein  :  Provided,   Proviso,  as  to 

that  this  act  shall  not  extend  to  the  grant  of  any  estate  F«»t,  with 
f      ,-.  f       ,       ,  •    ,         !*         ,,       special  direc- 

tor the  use  of  schools,  in  any  town  or  society  where  the  tions. 

donor  or  grantor  has  committed  the  care  and  manage- 
ment of  such  estate  to  particular  persons,  with  directions 
for  a  continual  succession  in  said  trust  ;  or  where  the 
general  assembly  has  committed  the  disposition  of  the 
protits  of  such  estate  to  a  committee,  in  continual  succes- 
sion. 

SECT.   12.  A  sum  equal    to    two  dollars  upon  every  Appropriation 
thousand   dollars  of  the  amount  of  the   assessment  lists.  of  °l  dollars  on 
of  the  year  preceding,  shall  be,  and  the  same  is  hereby  j^/jf"^. 
annually  appropriated,  out  of  the  monies  arising  from  the  m0n  schools, 
state  tax,  to  be  applied  for  the  use  and  benefit  of  com- 
mon schools  in  this  state  ;    to  be  drawn  from  the  treasu- 
ry, under  the  direction  of  the  comptroller  of  public  ac- 
counts, at  the  same  time,  and  in  the  same  manner,  as  the 
interest  arising  from  the  school- fund,  as  in  this  act  is 
hereafter  provided  :  Provided,   that  whenever,  in    any  exccsT'of 
year,  the  amount  of  interest  arising  from  the  school-fund,  school-fund 
and  to  be  divided  to  the  school  societies,  shall   exceed  dividend,  over 
sixty-two  thousand  dollars,  the   amount  of  such  excess  b^Slect'to 
shall,  for  said  year,  so  far  diminish  the  sum  hereby  appro-  diminish  this 
priated,  from  the  avails  of  the  state  tax.  appropriation. 

SECT.  13.  The  interest  of  the  monies  arising  from  the  Interest  of 
fund,  called  the  school-fund,  as  the  same  shall,  from  time   school-fund  to 
to  time,  be  collected,  shall  be  paid  to  the  treasurer  of  this  J£*^°  3tate 
state.     And  the  school  societies,  which  shall  conform  to  p  . 
the  provisions  of  this  act,  shall  be  entitled  to  the  said  in-  apportioning 


402 


Title  84.     Schools. 


inuere,Sf  of, 


of™  hoTars.°n 


nn  of  return, 


form  01  ct-rii- 
ticate  from  ' 
school  society 
Committee. 


terest,  after  deducting  all  expenses  attending  the  school- 
fund,  to  be  distributed  to  them,  severally,  according  to 
the  number  of  persons  in  such  society,  between  the  ages 
of  four  and  sixteen  years,  to  be  enumerated  and  ascer- 
tained in  the  following  manner,  to  wit  :  The  committee 
of  each  sch°o1  shall,  in  the  month  of  August  annually,  enu- 
merate all  persons  residing  and  belonging  within  such 
district,  on  the  first  Monday  of  said  month,  between  the 
ages  aforesaid,  and  make  return  thereof,  together  with  the 
name  of  each  person,  to  the  committee  of  the  school  so- 
ciety, within  said  month,  certified  in  writing,  under  the 
hand  of  said  committee,  and  sworn  to  before  a  magis- 
trate, according  to  the  following  form,  to  wit  :  "  I  here- 
^y  certify,  that  I  have  carefully  enumerated  all  persons, 
between  the  ages  of  four  and  sixteen,  within  the  school 
district  of  which  I  am  committee,  and  do  find,  that  on  the 
first^Monday  of  August,  A.  D.  ,  there  were  residing 
within  said  district,  and  belonging  thereto,  the  number 
of  persons,  between  the  ages  aforesaid. 

A.  B.  School  District  Committee." 

"  On  this  day  of  A.  D.  personally- 

appeared,  the  above  named  committee,  and  made  oath 
to  the  truth  of  the  above  return,  by  him  subscribed. 

Before  me,  C.  D.  justice  of  the  peace." 

And  the  school  society  committee  shall,  from  the  said 
certificates,  so  returned  to  them,  prepare  and  transmit  to 
the  comptroller  of  public  accounts,  on  or  before  the  fif- 
teenth day  of  September  annually,  a  certificate,  sworn 
to,  according  to  the  following  form,  to  wit:  "We, 
the  committee  of  the  school  society,  in  the  town 

of  ,  do  certify,  that  from  the  returns  made 

to  ug?  bv  the  committee  of  the  several  school  districts, 
within  this  school  society,  under  oath,  we  find,  that  on 
the  first  Monday  of  August,  A.  D.  ,  there  were  re- 

siding within  said  society,  and  belonging  thereto,  the 
number  of  persons,  between  the  ages  of  four  and 

sixteen  years  ;  and  from  the  best  information  we  have 
obtained,  we  verily  believe  the  said  returns  made  to  us, 
are  correct. 

)  School  Society 
5  Committee." 

"  On  this  day  of  A.  D.  personally 

appeared  the  above  named  committee,  and  made  oath  to 
the  truth  of  the  above  certificate,  by  them  subscribed, 
Before  me,  C.  D.  justice  of  the  peace." 

And  the  committee  aforesaid,  shall,  in  making  out  said 
returns,  insert  therein  the  number  of  persjons,  in  words  at 
full  length:  Provided  however,  that  in"  case  the  same 


Title  84.     Schools.  403 

person  shall  be  returned  by  the  committe  of  different  dis-  the  same  per- 

triets.  it  sh  .11  be  the  duty  of  the  committee  of  the  school  ^I^^."1 

society,  to  determine  to  which   district  such  person  be-  tricts. 

longs.     And  provided  also,  that  the  said  lists  and  returns,  Lists  and  re- 

so  made  to  said  school  society  committee,  shall  be  lodged  ^ith^od^ 

with  tbe  treasurer  of  such  society,  and  be  by  him  pre-  treasurer. 
served  for  tbe  use  of  said  society. 

SECT.  14.  The  comptroller  of  public  accounts  shall,  on  Comptroller  to 

application  of  the  committee  of  any  school  society,  draw  draw  orders  on 


an  order  on  the  treasurer  for  such  proportion  or  amount  ^  "  r?/,,1"  i  fa~ 

j_*  I    j  j          f     11  •         vor  oi  scnooi 

as  sucb  school  society  may  be  entitled  to,  of  all  monies,  societies,  for 
by  law  appropriated  for  the  benefit,  support  and  encourage-  school  money. 
ment  of  public  or  common  schools,  which  may  be  in  his 
hands,  or  in  the  hands  of  the  treasurer,  on  the  first  days  of 
March  and  October,  annually,  to  be  divided  and  appor-  To  be  appor- 
tioned to  such  school  societies,  according  to  the  returns  J>oned  accord- 
so  made  to  him  by  the  committee  of  said  society,  in  con-  ing 
formity  to  the  provisions  of  this  act.     And  each  school  so- 
ciety shall  divide  the  same  among  the  several  districts 
therein,  on  the  principles  aforesaid,  agreeably  to  the  re- 
turns so  made  to  them  as  aforesaid.     Provided  however, 
that  no  order  shall  be  drawn  in  favor  of  any  society  as 
aforesaid,  nor  shall  the  treasurer  pay  the  monies  directed 
to  be  paid  by  this  act,  until  the  committee  of  such  society 
shall  certify  in  writing,  under  their  hands,  in  the  words  committee. 
following,  to  wit  :     "  We,  the  committee  of  the  Form. 

school  society,  in  the  town  of  do  certify,  that  the 

schools  in  said  society,  have  been  kept  for  the  year,  end- 
ing the  thirtieth  day  of  September  last,-  by  instructors  du- 
ly appointed  and  approved,  and  in  all  respects  according 
to  law  ;  and  that  all  the  monies  drawn  from  the  public 
treasury,  by  said  society,  for  said  year,  appropriated  to 
schooling,  have  been  faithfully  applied  and  expended,  in 
paying  and  boarding  said  instructors. 

Dated  at         the         day  of        A.  D. 

>  School  Society 
5  Committee. 
To  the  comptroller  of  public  accounts." 

SECT.  15.  All  the   money    provided   for  the  use    of  School  money 
.schools,  received  by  the  committee,  shall  be  paid  over  to  to  be  divided 
the  treasurer  of  the  society,  who  shall  stand  charged  with,  JJfcJf 
and  shall  account  for,  the  same  ;  and  the  committee  shall, 
from  time  to  time,  receive,  examine  and  liquidate  the  ac- 
counts of  the  districts,  and  parts  of  districts,  if  any  be.  and 
where  such  districts,  and  those  to  which  such  parts  of  dis- 
tricts shall  belong,  have  kept  their  schools  according  to 
the  provisions  of  this  act,  shall  draw  orders  on  the  society 
treasurer  for  their  proportion  of  all  the  public  monies  appro- 
priated to  the  use  of  schools,  according  to  the  nHmber  of 


404 


Title  84.     Schools. 


Provision  where 
the  expenses  of 
the  school  ex- 
ceed the 
school  money. 


Misapplication 
of  school  money 
a  forfeiture. 


Powers  of 
school  societies 
in  relation  to 
burials,  &c. 


persons  between  the  ages  of  four  and  sixteen,  in  such  dis- 
trict. 

SECT.  16.  Whenever  the  expense  o^  keeping  a  school, 
by  an  instructor,  approved  according  to  law,  .shall  exceed 
the  amount  of  all  the  public  money  appropriated  by  law 
to  defray  the  expense  of  such  school,  the  committee,  in 
such  district,  for  the  time  being,  with  such  other  person  or 
persons  as  the  said  district,  at  a  legal  meeting,  warned  and 
held  for  that  purpose,  may  appoint,  are  hereby  constitut- 
ed a  board,  to  examine,  adjust,  and  allow,  all  bills  of  ex- 
pense, accruing  for  the  support  of  schools,  in  said  dis- 
trict, and  apportion  such  deficiency  among  the  propri- 
etors of  said  school,  according  to  the  number  of  days 
that  any  person  or  persons  may  have  sent  any  schol- 
ar or  scholars,  to  school  :  and  if  the  number  of  days 
cannot  be  ascertained,  then  according  to  the  number 
of  scholars.  And  any  justice  of  the  peace,  living  in 
the  town  where  such  school  has  been  kept,  shall  have 
power  to  grant  a  warrant,  directed  to  the  collector  of 
school  taxes,  in  such  district,  in  the  same  manner  as 
is  by  law  provided  for  the  collection  of  town  taxes. 

SECT.  17.  If  any  money,  appropriated  to  the  use  of 
schools,  shall  be  applied,  by  a  school  society,  to  any 
other  purpose,  the  same  shall  be  forfeited  to  the  state, 
and  it  shall  be  the  duty  of  the  comptroller  to  sue  for 
such  money,  for  the  use  of  the  state. 

SECT.  18.  And  if  any  committee  shall,  at  any  time, 
make  a  false  certificate,  by  which  money  shall  be  fraud- 
ulently drawn  from  the  treasury  of  the  state,  each  per- 
son signing  such  false  certificate,  shall  forfeit  the  sum 
of  sixty  dollars,  to  the  state,  to  be  recovered  by  ac- 
tion of  debt,  on  this  statute  ;  and  it  shall  be  the  duty 
of  the  comptroller,  to  bring  forward  a  suit  to  recover 
the  same  accordingly. 

SECT.  19.  School  societies  shall  have  power  to  pro- 
vide a  hearse  and  pall,  for  the  burial  of  the  dead,  and 
to  procure  and  hold  lands  for  burying-grounds,  and  to 
make  regulations  to  fence  the  same,  and  to  preserve 
the  monuments  erected  therein,  and  to  lay  and  collect 
the  necessary  taxes  for  that  purpose,  in  the  same  manner 
as  other  taxes  are  collected.  Provided,  that  this  act 
shall  not  extend  to  affect  the  regulations  of  towns,  or  in- 
corporated ecclesiastical  societies,  or  other  religious  so- 
cieties or  congregations,  who  have  separate  burying- 
grounds  ;  and  such  towns  and  societies,  shall  have  all  the 
power  given  by  this  section  to  school  societies. 


Title  84.     Schools.  405 

CHAP.  II. 
An  Act  relating  to  the  School-Fund. 

TjE  it  enacted  by  the  Senate  and  House  ofRep- 
SECT.  1.  JJj  resentatives,  in  General  Assembly  convened, 
That  the  commissioner  of  the  school-fund,  shall  take  the  Oath  of  com- 
oath  prescribed  by  the  constitution,  for  executive  offi-  "h'JJU^S. 
cers.  He  shall  superintend  and  take  care  of  all  proper-  His  duties.' 
ty  belonging  to  said  fund,  and  the  interest  arising  on  the 
same  ;  he  shall  cause  the  nett  amount  of  interest,  receiv- 
ed yearly  on  said  fund,  to  be  distributed,  for  the  benefit 
of  the  public  or  common  schools,  according  to  law  ;  and 
on  the  sale  of  any  of  the  lands  or  real  estate,  belonging 
to  said  fund,  which  the  commissioner  is  hereby  authorized 
to  make,  he  shall  prepare  all  necessary  deeds  of  release 
or  conveyance  to  be  executed  by  the  treasurer  of  the 
state,  which  he  is  hereby  authorized,  on  the  request  of 
the  commissioner,  to  execute,  and  to  cause  the  seal  of 
the  state  to  be  affixed  thereto. 

SECT.  2.  The  commissioner  shall  cause  all  debts  due  Property  be- 

the  school-fund,    on  bond,  or  otherwise,  and  all  bank  ^TVV*6 

•  i   r      3     i     i       scnool-iuna  t» 
stock,  and  other  property,  belonging  to  said  fund,  to  be  be  registered. 

registered  in  books  to  be  kept  in  his  office,  in  which  shall 
be  opened  an  account  with  each  debtor,  shewing  the 
place  of  his  residence,  the  amount  of  his  debt,  the  secu- 
rity therefor,  and  the  estimated  value  thereof:  the  regis- 
try of  the  lands  shall  shew  their  extent  and  value,  dis- 
tinguishing new,  from  cultivated  lands. 

SECT.  3.  The  commissioner  shall,  on  or  before  the  se-  Dupliate  ab- 
cond  day  of  September,  one  thousand  eight  hundred  arid 
twenty-one,  make  duplicate  abstracts  from  his  books,  of 
all  property  belonging  to  said  fund  ;  in  which  shall  be 
entered  the  names  of  the  obligors,  in  alphabetical  order, 
in  classes,  according  to  the  states  to  which  they  belong, 
their  places  of  residence,  the  number  and  date  of  the 
bond,  the  amount  due  on  the  second  day  of  September, 
one  thousand  eight  hundred  and  twenty,  as  principal,  and 
as  interest,  with  the  amount  and  situation  of  the  securi- 
ty, and  its  estimated  value  :  said  abstracts  shall  also  con- 
tain an  account  of  all  the  lands  belonging  to  said  fund, 
distinguishing  new,  from  cultivated  lands^  and  stating  their 
situation  and  estimated  value  ;  and  also  the  amount  of 
bank  or  other  stock,  belonging  to  said  fund,  which  ab- 
stracts shall  be  certified  by  the  commissioner,  to  contain 
correct  statements  of  all  the  property  belonging  to  said 
/und,  and  that  the  same  is  duly  registered  in  the  books  in 


406 


Title  84.     Schools. 


Copies  of 

school-fund 

bonds. 


Duty  of  treas- 
urer, in  rela- 
tion to  school  - 
And. 


his  office,  and  shall,  by  him,  be  lodged  in  the  office  of  the 
comptroller,  who  shall  make  a  certificate  on  one  of  said 
abstracts,  that  it  is  a  correct  duplicate  of  the  one  remain- 
ing in  his  office,  and  deposit  the  same  for  safe-keeping,  in 
the  vaults  of  the  Phoenix  Bank,  in  the  city  of  Hartford. 
And  the  commissioner  shall  also,  in  a  convenient  time, 
lodge  in  the  comptroller's  office,  certified  copies  of  all 
the  school-fund  bonds  in  his  office,  or  which  shall  here- 
after be  received,  which  copies  the  comptroller  shall,  in 
like  manner,  deposit  in  the  Phoenix  Bank ;  which  de- 
posits shall  be  subject  to  the  order  of  the  governor. 

SECT.  4.  The  commissioner  shall  require  copies  of  all 
bonds  in  the  hands  of  agents,  certified  by  them  to  be  true 
copies  of  the  originals,  in  their  hands  for  collection, 
which  copies  shall  be  kept  in  his  office. 

SECT.  5.  The  commissioners  shall,  annually,  on  the 
first  day  of  April,  make  duplicate  abstracts  from  his 
books,  of  all  changes  or  alterations  of  the  debts  or  prop- 
erty of  the  school-fund,  in  which  shall  be  entered  an  ac- 
count of  all  payments  of  the  principal  of  school-fund 
bonds,  for  one  year,  ending  the  second  day  of  the  preced- 
ing September,  and  of  all  bonds,  bank  and  other  stock, 
and  property  of  every  description,  acquired  by  purchase, 
exchange,  or  otherwise,  during  the  same  period  ;  and  the 
commissioner  shall  certify  said  abstracts  to  be  correct,  and 
shall  lodge  the  same  in  the  office  of  the  comptroller,  who 
shall  certify  one  of  said  abstracts  to  be  a  correct  duplicate 
of  the  other  remaining  in  his  office,  and  deposit  the  same 
for  safe  keeping,  in  the  vaults  of  said  Phoenix  Bank,  sub- 
ject to  the  order  of  the  governor. 

SECT.  6.  The  commissioner  shall,  on  or  before  the  se- 
cond day  of  September,  in  each  year,  make  and  deliver 
to  the  treasurer,  an  index,  containing  a  statement  of  the 
amount  of  interest  due  on  that  day,  from  each  debtor  to 
the  school-fund,  whose  bond  is  lodged  in  the  office  of  the 
commissioner ;  which  index  shall  contain  the  name  of 
each  debtor,  in  alphabetical  order,  his  place  of  residence, 
the  number  of  the  bond,  and  the  amount  due  on  said  day 
for  principal,  and  for  interest. 

SECT.  7.  The  treasurer  shall  receive  all  monies  paid 
on  account  of  the  school-fund,  as  well  for  principal  as 
for  interest,  and  give  duplicate  receipts  therefor,  one  to 
the  debtor,  and  the  other  to  be  lodged  in  the  oftice  of  the 
commissioner  shall  keep  separate  and  distinct  accounts 
of  each,  and  shall  pay  over  said  monies  to  orders  drawn 
according  to  law  ;  and  shall  deliver  to  the  comptroller, 
on  the  first  days  of  March  and  October,  in  each  year,  a 
statement  of  the  nett  amount  of  interest,  and  other  reve- 
nue, paid  into  the  treasury,  OH  account  «f  the  school- 


Title  85.     Secret  Assaults.  407 

iund ;  and  the  comptroller  shall,  on  application  of  the 
committee  of  any  school  society,  draw  an  order  on  the 
treasurer,  for  the  amount  legally  due  such  society. 

SECT.  8.  It  shall  be  the  duty  of  the  comptroller,  semi-  Duty  of  the 
annually,  in  the  months  of  April  and  October,  to  settle  comptroller, 
the  accounts  of  the  commissioner,  and  draw  on  the  treas- 
urer for  the  balance  due  him,  which,  together  with  all 
legal  and  necessary  expenses  in  managing  the  fund,  shall 
be  paid  out  of  the  revenue  arising  therefrom. 

SEct.  9.  The  comrnissionei  of  the  school-fund  is  here-  Clerk  of  corn- 
by  authorized  to  appoint  a  clerk  in  his  office,  for  such  missioner. 
portion  of  time  as  he  shall  judge  necessary  ;  which  clerk 
shall  take  the  oath  prescribed  by  the  constitution  for 
executive  officers. 

SECT.  10.  Incase  the  office  of  the  commissioner  of  the  Vacancy  in 

school-fund  shall  become  vacant,  by  death  or  otherwise,  c0™1*"8810/1- 
i      •        ,,  c  .,  iii  ergomce,  how 

d'lnng  the  recess  of  the  general  assembly,  the  governor  supplied. 

is  hereby  authorized  to  fill  such  vacancy,  by  appointing 
a.  person  to  perform  the  duties  of  commissioner  as  afore- 
said, until  the  rising  of  the  then  next  general  assembly. 

TITLE  85.     Secret  Assaults. 

An  Act  for  the  detection   and   punishment  of 
Secret  Assaults. 

.     TJE  it  enacted  by  the  Senate  and  House  of  Rep- 
JLJ  resentatives,  inGeneral  Assembly  convened, 
That  if  any  person  shall  break  the  peace,  by  secretly 
assaulting,  beating^  maiming,  wounding  or  hurting  anoth- 
er, upon  application  and  complaint  of  the  person,  so  as-  Complaint, 
saulted  and  injured,  to  a  justice  of  the  peace,  shewing 
him  what  wounds  or  hurt  he  has  received  thereby,  such 
justice  shall  forthwith  issue  a  warrant,  directed  to  some  \varranj 
proper  officer,  commanding  him  to  arrest  such  offender, 
and  bring  him  before  such  justice,  to  answer  such  com- 
plaint ;  who,  upoii  oath  being  made  against  him  of  such 
assault,  and  of  the  wounds  or  injuries  thereby  received, 
by  the  person  assaulted  and  injured,  shall  be  bound  in  a 
sufficient  bond,  with  sureties,  to  the  adverse   party,  to 
appear  at  the  next  county  court  in  that  county,  aiud  an- 
swer to  the  complaint  aforesaid,  and  pay  all  such  damages 
as  shall  be  awarded  against  him,  by  the  final  judgment  of 
said  court ;  and,  in  case  of  refusal  to  become  bound  as  Commitment^ 
aforesaid,  such  person  so  complained  of,  shall   be  com-  °?  refusal  t» 
mitted  to  the  common  gaol  of  the  county,  there  to  remain  Rl 
until  discharged  according  to  law. 


408 

Trial. 

Judgment. 
Damages. 
Fine. 


SECT.    1.- 


General  pow- 
ers and  duties. 


Publication 
and  distribu- 
tion of  public 
acts. 


Title  86.     Secretary. 

SECT.  2.  And  if  the  person  so  bound  or  committed 
shall  not,  on  trial  of  the  cause,  satisfy  the  triers,  that  he 
was  not  the  person  who  made  the  assault  complained  of, 
he  shall  be  found  and  adjudged  guilty  ;  and  shall  be 
sentenced  to  pay  the  person  assaulted  and  injured,  all 
such  damages  as  he  shall  have  sustained,  by  such  assault 
arid  beating  ;  and  shall  also  pay  to  the  treasurer  of  the 
county  such  fine  as  the  said  court  shall  impose,  not  ex- 
ceeding the  sum  of  sixty-seven  dollars  ;  and  stand  com- 
mitted until  such  sentence  shall  be  performed. 

TITLE  86.     Secretary. 

An  Act  relating  to  the  office  and  duty  of  the 
Secretary  of  the  State. 

BE  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives, in  General  Assembly  convened, 
That  the  secretary  of  the  state  shall  have  the  safe-keep- 
ing and  custody  of  all  the  public  records  and  documents, 
and  particularly,  of  the  acts,  resolutions  and  orders  of 
the  general  assembly,  and  shall  record  all  acts,  orders, 
grants,  and  resolutions,  passed  by  the  general  assembly, 
and  give  true  copies  thereof,  when  required.  He  shall 
be  the  keeper  of  the  seal  of  the  state,  which  shall  not  be 
altered,  and  shall  affix  the  same  to  acts,  laws,  orders, 
commissions,  instruments  and  certificates,  in  all  cases 
required  by  law,  or  when  requested  by  particular  per- 
sons, having  occasion  therefor. 

SECT.  2.  And  he  shall,  at  the  end  of  every  session  of 
the  legislature,  cause  the  public  acts  to  be  printed  and 
published  in  the  several  newspapers  in  the  state,  the. 
publishers  of  which  shall  be  allowed,  by  the  comptroller, 
at  the  rate  of  t\y^ijyj-fi.ve_ceiits_for  each  law  page.  And 
he  shall  also  cause  such  public  acts  to  be  printed,'  in  a 
convenient  form,  and  distributed  as  follows,  to  wit :  he 
shall  transmit  to  the  president  of  the  United  States,  to  the 
heads  of  departments,  and  to  the  executives  of  the  several 
stales  in  the  Union,  one  copy,  each  ;  and  the  rest  of  the 
public  acts,  together  with  the  laws  of  the  United  States, 
that  shall,  from  time  to  time,  be  transmitted,  by  the  na- 
tional executive,  to  the  executive  of  this  state,  for  the 
use  of  the  state,  shall  be  distributed  in  manner  following ; 
that  is  to  say,  to  the  governor,  lieutenant-governor,  treas- 
urer, secretary,  comptroller,  and  commissioner  of  the 
school-fund,  one  copy,,each  ;  to  the  adjutant-general,  one 
copy  ;  to  the  judges^oftne  superior  court,  one  copy, 
each ;  to  the  reporter  of  judicial  decisions,  one  copy  : 


Title  87.     Sewers.  409 

to  the  judges  of  the  several  county  courts,  one  copy, 
each  ;  to  the  sheriffs  of  the  several  counties,  one  copy, 
each  ;  to  be  kept  by  the  said  executive  officers  and  clerks, 
in  their  respective  offices,  and  from  them  to  pass  and  be 
transmitted  to  their  successors  ;  and  the  residue  to  the 
several  towns,  in  proportion  to  their  respective  lists  last 
returned  to  the  comptroller's  office,  to  be  disposed  of  as 
they  may  direct ;  and  it  shall  be  the  duty  of  the  secreta- 
ry to  make  the  distribution  accordingly. 

SECT.  3.  It  shall  be  his  duty,  annually,  within  thirty  Publication  of 
days  after  the  rising  of  the  general  assembly,  to  publish  certain  parts 
in  the  same  newspapers,  in  which  the  laws  are  published,  jJoSer's°re^" 
that  part  of  the  comptroller's  report,  that  designates  the  port, 
expenditure  and  receipts  of  all  monies,  relating  to  the 
current  expenses  of  government ;  and  also,  that  part  of 
said  report  relating  to  expenditures  and  receipts  of  all 
monies,  appropriated  for  investments  in  bank  stock,  or 
funded  debt  of  the  United  States  ;  and  also,  the  summary- 
statement  of  the  permanent  funds  of  the  state,  and  how 
the  same  are  invested ;  and  a  statement  of  all  the  debts 
due  from  the  state. 

TITLE  87.     Sewers. 

An  Act  appointing  and  directing  Commission- 
ers of  Sewers  and  Scavengers. 

>E  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives, in  General  Jlssembly  convened, 

That  the  county  courts  in  the  respective  counties,  are  ers'ofT^wers 
hereby  authorized  and  empowered,  upon  application  to  when  to  be 
them  made,  by  the  major  part  of  the  proprietors  of  meadow,  granted, 
marshy  arid  low  lands,  or  grounds  which  are  injured  by  the 
overflowing  of  waters,  arid  of  swampy  land,  which  may  be 
rendered  valuable,  by  drowning  and  draining  the  same,  to 
grant  a  commission  of  sewers,  to  such  and  so  many  able 
and  discreet  persons  as  they  shall  judge  expedient,  for 
clearing  and  removing  the  banks  and  obstructions  of  the 
passages  of  the  water  in  rivers,  brooks,  streams,  or  ponds, 
which  occasion  the  overflowing  and  drowning  of  meadows, 
swamps,  and  lowlands;  and  also,  for  the  flowing  and 
draining  of  swamps,  and  other  unprofitable  grounds  ;  and 
also,  for  damming,  to  prevent  the  water  from  overflowing 
marshy  and  flat  lands :  which  commission  shall  be  sign- 
ed by  the  clerk  of  the  court  granting  the  same  ;  and  the 

commissioners  shall  have  power  to  do  the  services  afore-  Powers°f 
.,,/.,,,  ,    commiHsicm 

said  ;  and  for  that  purpose,  may  employ  workmen  and  ers. 
laborer?,  in  a  reasonable  manner,  and  may  nssnss  thf 


JIO 


Title  87.     Sewers. 


Collectors. 
Their  power. 


Power  to  hold 
the  lands  of 
negligent 
proprietors. 


Commission- 
ers to  be 
sworn. 
Compensa- 
tion. 


Appeal. 


Notice  to  be 
given,  when 
petition  is 
brought. 


Meeting  of 
proprietors. 


proprietors  of  such  lands,  to  defray  the  charges,  accord- 
ing to  theirquantity  of  land,  and  the  benefits  they  receive, 
in  such  proportion  as  they  shall  judge  to  be  equal  and 
just ;  and  to  appoint  and  swear  a  collector  or  collectors, 
to  collect  such  assessments,  and  pay  the  same  to  such 
persons  as  they  shall  appoint  to  receive  it ;  which  col- 
lectors shall  have  the  same  power  as  the  collectors  of  state 
taxes,  and  shall  be  accountable  to  the  commissioners  ap- 
pointing them.  And  if  any  proprietor  of  such  lands  shall 
be  unable,  or  shall  neglect  to  pay  his  proportion  of  such 
assessments,  it  shall  be  lawful  for  the  other  proprietors 
concerned  therein,  to  pay  the  same,  and  to  hold  the  lands 
of  the  person  so  neglecting  or  refusing,  until  the  profits  of 
such  lands  shall  be  sufficient  to  reimburse  them,  according 
to  the  judgment  of  the  commissioners. 

SECT.  2.  The  commissioners  shall  be  sworn  to  a  faith- 
ful discharge  of  their  trust,  and  shall  receive  such  com- 
pensation for  their  services,  as  the  court  appointing  them 
shall  allow  ;  and  they  shall  render  their  account  to  said 
court,  when  required.  And  if  any  person  shall  be  ag- 
grieved, by  the  proceedings  of  such  commissioners,  he  or 
she  may  appeal  or  complain  to  such  county  court,  who 
shall  grant  them  such  relief  as  the  nature  of  the  case  may 
require. 

SECT.  3.  When  any  petition  shall  be  brought,  in  pur- 
suance of  the  provisions  of  this  act,  notice  thereof  in  writ- 
ing shall  be  given  to  all  the  proprietors  named  in  the  pe- 
tition, who  have  not  subscribed  the  same,  at  least 
twelve  days  previous  to  the  sitting  of  the  court  to  which 
said  petition  shall  be  brought,  by  reading  the  same  in 
their  hearing,  or  by  leaving  a  true  and  attested  copy 
thereof  at  their  last  usual  place  of  abode  ;  which  no- 
tice shall  be  signed  by  a  justice  of  the  peace,  and  direct- 
ed to  the  sheriff  of  the  county,  his  deputy,  or  either  of  the 
constables  of  the  town  where  such  land  is  situated. 

SECT.  4.  After  the  commissioners  shall  have  dammed, 
drained  or  ditched  such  low,  marshy  and  wet  lands,  the 
proprietors  shall  have  power  to  keep  the  dams,  draini 
and  ditches  in  repair :  and  for  that  purpose,  when  any 
three  of  such  proprietors  shall  judge  it  necessary,  they 
may  apply  to  a  justice  of  the  peace,  who  shall  issue  a 
precept,  directed  to  some  meet  person,  to  warn  such 
proprietors  to  meet  at  such  time  and  place,  and  for  such 
business,  as  shall  be  therein  declared;  which  shall  be 
served,  by  reading  it  in  the  hearing  of  all  the  proprietors 
living  in  the  state,  at  least  three  days  before  such  meet- 
ing. 

SECT.  5.  The  proprietors,  in  a  meeting  so  warned. 
shall  have  power,  by  a  major  vote,  to  be  computed  ac- 


Title  87.     Sewers.  411 

cording  to  their  interest  in  such  lands,  to  appoint  a  clerk,  Appointment 
who  shall  be  sworn  to  make  true  entries  of  all  the  votes  ^mmitte" 
and  proceedings  in  such  meetings ;  and  also,  to  appoint 
a  committee,  consisting  of  two  or  three  men,  who  may 
state  and  set  out  to  each  proprietor  his  part  or  propor- 
tion of  such  dam,  drain  or  ditch,  to  be  computed  accord- 
ing to  their  interest  in  the  land,  and  who  shall  make  a 
report  of  their  doings  in  writing,  under  their  hands,  to 
the  clerk,  who  shall  enter  the  same  on  record.  And  it 
shall  be  the  duty  of  each  proprietor,  his  heirs,  and  assigns, 
forever  after,  to  clear,  keep  open,  and  repair  his  part  of 
such  dams,  drains  and  ditches,  set  out  to  him  as  aforesaid: 
Provided,  that  the  proprietors  may,  at  any  subsequent 
time,  cause  a  new  stating  and  apportionment  of  the 
same,  in  the  manner  aforesaid,  if  they  judge  it  to  be  ex- 
pedient. 

SECT.  6.  And  the  more  effectually  to  compel  the  pro- 
prietors to  keep  in  repair  such  dams,  drains,  and  ditches, 
such  proprietors  shall  have  power,  at  a  meeting  warned 
as  aforesaid,  once  in  two  years,  to  appoint  scavengers,  Scavengers. 
among  themselves,  who  shall  take  the  oath  provided  by 
law  ;  and  if  any  person,  lawfully  appointed  a  scavenger, 
shall  neglect  or  refuse  to  take  such  oath,  being  required 
thereto  by  a  citation  from  a  justice  of  the  peace,  he  shall  Penalty  for  re- 
forfeit  four  dollars  to  the  use  of  such  proprietors,  to  be  fusing  to  take 
recovered  by  action  on  this  statute  ;  and  such  proprietors  tlie  oath- 
may  appoint  other  persons  to  be  scavengers,  in  the  room 
of  those  who  have  refused  as  aforesaid. 

SECT.  7.  It  shall  be  the  duty  of  the  scavengers,  from  Du(    of  gcav 
time  to  time,  diligently  to  inspect  the  dams,  drains,  and  enters.0 
ditches,  and  see  that  they  are  kept  open,   and  in  good 
repair  :  and  if,  at  any  time,  they  find  them,  or  any  part 
of  them,  filled,  or  out  of  repair,  they  shall  give  immedi- 
ate warning  to  the  proprietor,  whose  part  is  deficient, 
that  he  forthwith  repair  the  same  ;  and  if  any  proprietor 
shall  not,  within  five  days  after  such  warning  given,  clear 
and  repair  the  same  sufficiently,  in  the  judgment  of  the 
scavengers,   they  are  hereby  empowered  forthwith  tp 
cause  the  same  to   be  sufficiently  repaired  ;  and  such 
proprietor  shall  pay  double  expense  to  the  scavengers. 
And  in  case  he  neglects  and  refuses,  for  the  space  of  ten 
days  after  an  account  of  such  expense  has  been  present- 
ed to  him,  and  payment  demanded,  the  scavengers  shall 
have  right  to  recover  the  same  by  action  on  this  statute  ; 
provided,  that  if  any  proprietor  considers   himself  ag-  Provision  for 
grieved,  by  the  expense  charged  by  the  scavengers,  lie  a  new  ap- 
may,  at  his  own  cost,  within  said  ten  days,  make  applica-  Praisement. 
tion  to  the  select-men  of  the  town  where  the  lands  lie, 
not  parties  to  the   controYiT\v.  \vho  .hall  estimate  and 


412  Title  88.     Sewing-Silk Title  89.     Sheep, 

appraise  anew  such  expense  of  repairing ;  and  the  party 
deficient  shall  pay  double  the  expense  according  to  their 
appraisement,  to  be  recovered  as  aforesaid. 

Proprietors  SECT.  8.  The  proprietors  of  such  lands,  when  they 

may  authorize  judge  it  will  be  for  their  advantage,  may,  in   a  lawful 
commissioners  meeting?  ty  a  major  vote,  to  be  computed  according  to 
&c.  inPrepair.8'  their  interest,  agree,  that  such  drains  and  ditches  shall  be 
cleared,  and  dams  repaired,  by  the  commissioners  of 
sewers  ;  and  in  such  case,  they  shall  have  power  to  em- 
ploy persons  to  do  the  same,  and  to  assess  the  proprietors 
therefor,  and  collect  the  same,  in  the  same  manner  as 
they  are  by  this  act  enabled  to  do,  in  the  first  making  of 
dams,  ditches  and  drains. 

SECT.  9.  If  any  person  or  persons,  without  liberty 

te^Jn'baiJk  from  the  Pr°Prietors>  sha11  set  an7  fence>  hedge,  or  other 

of  drains.          incumbrance,  on  the  bank  of  such  drain  or  drains,  so  as 

to  make  the  clearing  and  repairing  of  them  more  difficult, 

it  shall  be  lawful  for  the   scavengers  to   remove  the 

same  as  a  common  nuisance. 

TITLE  88.     Sewing-Silk. 

An  Act  regulating  the  Manufacture,  and  Sale  of 
Sewing-Silk. 


B 


LE  it  enacted  by  the    Senate  and  House   of  Repre- 
sentatives, in  General  Assembly  convened,  That  no 
manufacturer   of  sewing-silk,    or   any  other  person  or 
persons,   shall   sell,  or  offer  for  sale,   any    sewing-silk 
of  the   manufacture  of  this   country,   either  from  im- 
Skein,  of  what  ported  or  domestic  materials,  by  the  skein,  unless  each 
to  consist.        skein  consist  of  twenty  threads,  each  thread  of  the  length 
of  two  yards  :  and  any  manufacturer  of  sewing-silk,  or 
any  other  person  or  persons,  who  shall  sell,  or  offer  for 
sale,  any  sewing-silk  of  the  manufacture  of  this  country, 
unless  each  skein  consist  of  twenty  threads,  each  thread 
Penalty.  of  the  length  of  two  yards,  shall  forfeit  the  sum  of  seven 

dollars,  to  any  person  who  shall  prosecute  the  same  to 
effect. 

TITLE  89.     Sheep. 
An  Act  relating  to  Sheep. 

1  T?^  *'*  6nac*ed  ty  the  Senate  and  House  of  Repre- 

*JO    sentatives,  in   General  Assembly  convened, 

That  the  owners  of  sheep,  in  any  town,  or  the  major  part 


Title  89.     Sheep.  4 IX 

of  them,  may  meet  together  within  such  town,  as  ot'ten  Owners  of 
as  there  shall  be  occasion,  and  at  such  meeting,  may  or-  ^ptoemin 
der  that  the  sheep  in  such  town,  shall  be  kept  together,  flocks; 
in  a  flock  or  flocks,  annually,  for  such  time,  and  season  of 
the  year,  as  they  shall  determine. 

SECT.  2.  And  the  owners  of  sheep,  in  every  such  flock,  and  make  reg- 
may  meet  together  in  their  limits,  and  at  such  meeting,  «lation«  re- 
by  a  major  vote,  according  to  their  interest,  to  be  com-  s 
puted  according  to  the  number  of  sheep  each  voter  may 
own,  to  choose  a  clerk,  who  shall  be  sworn  to  make  a 
true  entry  of  all  their  votes  and  acts,  as  shall  be  made  by 
such  owners  of  sheep,  relative  thereto ;  and  they  may 
also  choose  sheep-masters,  for  the  hiring  of  a  shepherd, 
and  letting  out  the  flock  to  fold,  and  for  other  prudential  • 

affairs,  relating  to  the  flock  ;  and  also  to  make  orders  for 
the  warning  of  their  meetings,  and  all  regulations  neces- 
sary and  proper,  for  the  better  management  of  the  flock. 

SECT.  3.  No  person  shall  turn,  or  permit  any  flock  of  What  floek» 
sheep,  of  more  than  fifty,  with  a  keeper,  to  go  to  feed  may  be  turned 
upon  the  highways  of  any  town,  without  liberty  first  had  °nfoghway». 
from  such  town,  on  penalty  of  four  dollars  for  each  of- 
fence, to  be  for  the  use  of  him,  who  shall  sue  for  and  re- 
cover the  same. 

SECT.  4.  If  any  sheep  shall  go  at  large,  on  the  common  sheep  not  t* 
or  highways  in  any  town,  without  a  keeper,  such  sheep  runatlarge. 
may  be  taken  up  and  impounded,  by  any  person  finding 
the  same  :  Provided  nevertheless,  that  any  town  may,  Proviso, 
by  vote,  permit  sheep  to  run  at  large,  within  its  limits. 

SECT.  5.  Every  owner  of  sheep  shall  ear-mark  or  brand  Owners  of 
all  his  sheep,  that  are  more  than  six  months  old,  with  a  sheep  to  ear 
proper  mark,  and  shall  cause  his  mark  to  be  registered  markthem- 
by  the  town-clerk  of  the  town  where  he  resides  ;  and  for  Penalty  for 
every  sheep  as  aforesaid,  found  unmarked,  and  going  at  neSlect- 
large,  the  owner  thereof,  shall  forfeit  thirty-four  cents, 
one  half  to  the  complainer,  and  the  other  half  to  the  town- 
treasury. 

SECT.  6.  If  any  owner  of  any  ram,  shall  suffer  the  same  Rams  to  b* 
to  go  at  large,  or  out  of  his  or  her  inclosure,  between  the  restraine<J 
first  day  of  August,  and  the  first  day  of  December,  of 
any  year,  such  owner  shall  forfeit  and  pay  ten  dollars,  to  Forfeiture,  if 
the  person,  who  shall  find  and  take  up  the  said  ram,  for  found  at  large. 
each  time  he  shall  be  so  found  at  large,  or  out  of  the  own- 
er's inclosure,  and  taken  up  ;  and  said  forfeiture  may  be 
recovered,  by  action  of  debt,  with  costs  of  suit  ;  and  in  Proceedings  in 
case  the  owner  shall  not  be  known,  the  person  finding  and  ca*e  th£  own~ 
taking  up  any  ram,  as  aforesaid,  shall  secure  and  keep  et 
the  same,  and  within  twenty-four  hours  next  after,  lodge 
a  certificate  with  the  town-clerk,  setting  forth  the  marks, 
natural  and  artificial,  (if  any  such  there  be,)  which  clerk 


414 


Title  90.     Sheri/s. 


shall  make  a  record  thereof;  and  the  finder  shall  post  up 
a  certified  copy  of  such  record,  on  the  sign-post  in  the 
society,  in  which  such  ram  shall  be  so  taken  up  ;  for 
which  copy  and  record,  the  said  town-clerk  may  receive 
twenty  cents,  from  the  person  lodging  such  notice  ;  and 
in  case  the  owner  of  any  ram,  taken  up  and  posted  as 
aforesaid,  shall,  within  five  days  after  such  posting,  pay  or 
tender  to  the  person  so  taking  up  and  posting  the  same, 
the  said  forfeiture,  such  ram  shall  be  restored  to  the  own- 
er thereof;  but  if  the  owner  do  not  pay  or  tender  as 
aforesaid,  within  the  said  five  days,  such  ram  shall  be  for- 
feited to  the  person  so  taking  up  and  posting  the  same. 

TITLE  90.     Sheriff's. 
An  Act  relating  to  Sheriffs. 


SECT.    1. 


BE  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives, in  General  Assembly  convened, 
b^d^dtl?1™  ^lat  when  a  ^riff  is  appointed,  agreeably  to  the  pro- 
luj-etie".1  '  visions  of  the  constitution  of  the  state,  he  shall,  before  he 
enters  upon  the  duties  of  his  office,  execute  a  bond,  with 
two  or  more  sufficient  sureties,  to  the  acceptance  of  the 
person  administering  the  office  of  governor,  payable  to 
the  treasurer  of  the  state,  for  the  time  being,  and  his  suc- 
cessors in  office,  in  the  sum  of  ten  thousand  dollars,  con- 
ditioned for  the  faithful  discharge  of  the  duties  of  his  of- 
fice, and  to  answer  all  damages,  which  any  person  or 
persons  may  sustain,  by  any  unfaithfulness  or  neglects  in 
the  same  ;  and  shall  also  take  the  oath  required  of  sher- 
iffs by  the  constitution  of  the  state.  And  the  governor 
shall  have  power,  at  any  time  he  may  think  proper,  to 
demand  of  any  sheriff,  a  renewal  of  his  bond,  with  such 
security  as  he  may  judge  proper ;  and  on  such  sheriflfs 
neglect,  or  refusal,  he  may  remove  him  from  office.  And 
whenever  there  shall  be  a  vacancy  in  the  office  of  sheriff, 
by  his  removal  as  aforesaid,  the  governor  of  this  state,  for 
the  time  being,  shall  have  power,  and  power  is  hereby 
given  him,  to  supply  such  vacancy,  until  the  next  session 
of  the  general  assembly.  And  every  person,  appointed 
and  qualified  as  aforesaid,  shall  thereupon  receive  a  com- 
mission from  the  person  administering  the  office  of  gov- 
ernor, declaring  him  qualified  as  aforesaid,  and  authoriz- 
ing and  empowering  him  to  execute  said  office.  And 
every  person,  so  commissioned,  shall  be  the  lawful  sher- 
iff of  the  county,  for  which  he  is  appointed;  and  shall 
have  all  the  powers,  rights  and  privileges,  and  be  under 
all  the  duties  and  obligations,  which  appertain  to  (he  of- 


Sheriff  to  be 
•worn. 


Renewal  of 
bond. 


To  receive  a 
commission. 


Title  90.     Sherifs.  415 

free  of  sheriff.     The  bonds  given  by  the  sheriff  as  afore-  Bond  to  be  re- 
said,  shall  be  lodged  with  the  secretary,  and  recorded  in  corded- 
the  records  of  the  state  ;  and  a  copy  of  such  bonds,  duly 
certified  by  the  secretary,  shall  be  admissible  evidence  in 
any  court,  and  sufficient  proof  of  their  execution. (1) 

SECT.  2.  The  sheriffs,  in  their  respective  counties,  Powers  of 
shall  have  power  to  execute  all  lawful  writs,  processes  sheriffs, 
and  warrants,  directed  to  them.  They  shall  be  conserva- 
tors of  the  peace,  within  their  counties ;  and  they  shall 
have  authority,  with  force  and  strong  hand,  when  necessa- 
ry, to  suppress  all  tumults,  riots,  routs  and  unlawful  assem- 
blies, and  to  apprehend,  without  warrant,  those  who  are 
in  the  disturbance  of  the  peace,  and  to  carry  them  be- 
fore any  justice  of  the  peace,  that  further  proceedings 
may  be  had  against  them,  according  to  law,  as  the  nature 
of  the  offence  shall  require. 

SECT.  3.  It  shall  be  lawful  for  the  sheriff  to  raise  thepow-  May  raise 
er  of  the  county,  and  to  command  any  person  or  persons  Posse  c°mita- 
to  assist  him,  when  necessary,  in  the  execution  of  his  of- 
fice ;  and  every  person  refusing,  who  is  of  sufficient  age 
and  ability,  shall  forfeit  a  sum  not  exceeding  thirty-four 
dollars,  to  the  treasury  of  the  county,  where  the  offence 
is  committed. 

SECT.  4.  When  great  opposition  is  made  against  the  May  call  out 
sheriff,  in  the  execution  of  lawful  process,  or  there  is  the  militia, 
probable  ground  of  suspicion  that  great  opposition  will  be 
made,  he  shall  have  power,  with  the  advice  of  one  jus- 
tice of  the  peace,  or  more,  if  they  are  present,  to  raise 
the  militia  of  the  county,  or  so  many  of  them,  as  they  shall 
judge  needful,  to  remove  such  opposition :  and  he  may 
seize  and  confine  all  who  resist  his  authority  ;  and  rnay  ex- 
ert all  the  force  necessary  to  enable  him  to  execute  such 
process. 

SECT.  5.  If  any  commissioned  officer  or  soldier  shall  Penalty  on  of- 
neglect  or  refuse  to  obey  the  commands  of  the  sheriff,  un-  fi?ers  and  .so1' 
der  the  regulations  aforesaid,  then  every  such  commissioned 
officer  shall  forfeit  a  sum  not  exceeding  seventy  dollars,  and 
every  soldier  a  sum  not  exceeding  ten  dollars,  to  the  treas- 
ury of  the  county  where  the  offence  is  committed :  and  eve- 
ry officer  and  soldier  shall  be  liable  to  make  good  to  the 
party  injured,  all  the  damages  he  shall  sustain  by  their  neg- 
lect: and  the  wages  allowed  for  such  service  shall  be  one  Wages, 
dollar  per  day  to  a  captain,  fifty  cents  per  day  to  a  lieu- 

(1)  A  marshal  was,  at  first,  appointed  their  appointment,  by  the  governor  and 
by  the  general  court,  for  the  whole  colony.  council,  to  hold  their  offices  during  pleas- 
After  the  union,  a  marshal  was  appointed  ure ;  and  now,  by  the  constitution,  they 
for  each  county,  by  the  county  courts.  In  are  appointed  by  the  general  assembly,  to 
1702,  they  were  denominated  sheriffs  ;  and  hold  their  ofiicei  for  three  years, 
in  1724,  an  act  wa»  passed,  authorising 


116 


Sheriffs  not  to 
return  they 
cannot  do  exe- 
cution. 
Duty  of  sher- 
iffs in  serving 
writs. 


On  neglect  to 
pay  money 
collected,  on 
demand,  to 
pay  two  per 
cent  per 
month  inter- 
est 


Service  of  writ 
on  sheriffs 
fourteen  days 
before  court ; 


110  appeal ; 

except  from 
justices  of  the 
peace. 


Sheriffs  may 
appoint  dep- 
uties. 


Deputy-sher- 
iffs to  be  ap- 
probated by 
the  county 
court. 


Title  90.     Sheriffs. 

tenant,  and  thirty-four  cents  per  day  to  all  other  per- 
sons. 

SECT.  6.  And  the  sheriffs  shall  not  return,  in  any  case, 
that  they  cannot  do  execution. 

SECT.  7.  Sheriffs  shall  receive  all  writs  and  processes 
directed  to  them,  when  tendered,  and  shall  execute  the 
same,  and  make  true  return  thereof,  according  to  the  di- 
rections therein  given  ;  and  it  shall  be  their  duty  to  give 
receipts  for  all  writs  delivered  to  them  to  be  served,  when 
demanded,  specifying  the  names  of  the  parties,  the  date 
of  the  writ,  the  time  of  delivery,  and  the  sum  or  thing  in 
demand,  without  taking  any  fee  therefor :  and  if  any  sher- 
iff  shall  not  duly  execute  and  return  the  writ,  or  shall  make 
a  false  and  undue  return  thereof,  he  shall  be  liable  to  pay 
all  damages  to  the  party  aggrieved,  to  be  recovered  in 
any  proper  action. 

SECT.  8.  When  a  sheriff  shall  have  received  the  money 
on  any  execution  in  his  hands  for  collection,  and  the  same 
shall  have  been  demanded  of  him,  by  any  person  authoriz- 
ed to  receive  it,  and  such  sheriff  shall  neglect  or  refuse  to 
pay  the  same,  on  demand,  he  shall  pay,  and  the  party  enti- 
tled to  the  money  shall  have  right  to  recover  and  receive 
two  per  cent  per  month,  on  the  amount  received,  from  the 
time  of  such  demand,  till  the  same  be  paid. 

SECT.  9.  Every  process  against  a  sheriff,  for  a  default 
in  his  office,  shall  be  served  at  least  fourteen  days  before 
the  sitting  of  the  court  to  which  it  is  returnable  :  and 
where  a  receipt  in  writing  for  an  execution  is  demanded 
or  received,  at  the  time  of  delivery,  no  appeal  shall  be 
allowed  in  a  suit  against  the  sheriff  for  not  serving  it ; 
except  in  actions  before  justices  of  the  peace,  where  the 
matter  in  demand  exceeds  the  sum  of  seven  dollars,  when 
appeals  shall  be  allowed  to  the  county  court,  as  in  other 
cases. 

SECT.  10.  Sheriffs  may  constitute  and  appoint  deputies 
to  act  under  them,  who  shall  have  the  same  power  as  the 
sheriffs  appointing  them  ;  and  sheriffs  shall  be  reponsible 
for  the  neglect  and  default  of  their  deputies  in  their  offi- 
ces. The  number  of  deputy-sheriffs,  to  be  appointed  for 
the  county  of  Hartford,  shall  not  exceed  ten ;  for  the 
county  of  New-Haven,  ten  ;  for  the  county  of  New- 
London,  eight ;  for  the  county  of  Fairfield,  nine  ;  for 
the  county  of  Windham,  seven  ;  for  the  county  of  Litch- 
tield,  eleven  ;  for  the  county  of  Middlesex,  six;  and  for 
the  county  of  Tolland,  four. 

SECT.  11.  No  person  shall  hold  or  exercise  the  office 
of  deputy-sheriff,  until  his  appointment  to  that  office  ha? 
been  approbated,  by  the  county  court,  of  the  county  to 
which  he  belongs  :  Provided,  that  when  the  sheriff  of  any 


Title  90.     Sheriffs.  417 

county  is  appointed  in  the  recess  of  the  county  court  of 
that  county,  he  may  appoint  the  number  of  deputies  al- 
lowed by  law,  to  continue  till  the  end  of  the  next  session 
of  the  county  court,  to  be  holden  in  such  county,  and  no 
longer,  unless  then  approbated  by  the  court.  The  war-  Warrants 
rants  and  deputations  of  deputy-sheriffs  and  gaolers  shall  "J^,,^ in 
be  in  writing,  under  the  hands  of  the  sheriffs  appointing 
them,  and  recorded  in  the  records  of  the  county  court, 
in  the  county  in  which  they  are  appointed  ;  and  when  a 
sheriff  dismisses  any  deputy-sheriff  or  gaoler  from  office, 
he  shall  deliver  his  written  discharge  to  such  deputy- 
sheriff  or  gaoler,  and  shall  lodge  a  copy  of  it  with  the 
clerk  of  the  county  court  of  the  county,  of  which  he  is 
sheriff,  to  be  recorded  in  the  records  of  that  court ;  for 
which  the  clerk  shall  be  allowed  twenty-five  cents. 

SECT.  12.  And  on  the  death  of  any  sheriff,  the  gaoler  Deputies  to 
or  gaolers  and  deputy-sheriffs,  shall  continue  in  office  till  continue  in 
another  sheriff  shall  be  appointed,  and  assume  the  exer-  office  after 
cise  of  his  office,  although  the  term  for  which  any  such  ^ath  of  *ber' 
gaoler  or  deputy  may  have  been  appointed,  shall  expire 
after  the  death  of  the  sheriff,  under  whom  they  held  their 
respective  offices  :  and  the  defaults  and  misfeasances  of 
such  gaolers  and  deputy-sheriffs,  in   the  mean  time,   as 
well  as  before,  shall  be  adjudged  a  breach  of  the  bond 
entered  into  by  any  sheriff  as  aforesaid,  conditioned  forthe 
faithful  administration  of  his  office  ;  and  the  estate  of  the 
deceased  sheriff  shall  be  liable  therefor ;  and  his  executor 
or  administrator  shall  have  against  the  gaolers,  deputy- 
sheriffs,  and   their  sureties,  the  like  remedies  for  their 
defaults  and  misfeasances  in  office,  as  such  sheriff  would 
have  been  entitled  to,  had  he  lived,  and  continued  in  the 
exercise  of  his  office,  till  his  successor  was  duly   ap- 
pointed. 

SECT.  13.  Every  sheriff  shall  have  a  right  to  demand 
and  receive  of  every  deputy,  by  him  appointed,  for  the  th^t^majTbe 
risk  of  such  appointment,  a  sum  not  exceeding  thirty  taken  by  sher- 
dollars,  annually,  and  in  the  same  proportion,  for  any  iffs  from  their 
term  less  than  one  year ;  which  sum  shall  be  in  full  for  dePuties- 
all  claims   and  demands  on  such  deputy,    for  and  on 
account  of  such  appointment,  except  when  the  sheriff 
may  be  sued  on  account  of  the  default  of  such  deputy,  in 
which  case  he  shall  have  a  right  to  demand  and  receive 
on  his  bond  the  sum  of  seven  dollars,  in  addition  to  the 
sum  or  sums  which  may  be  recovered  of  the  sheriff,  or 
which  he  may  have  to  pay  on  account  of  the  default  of 
such  deputy.     And  no  sheriff  shall,  directly  or  indirectly,   No  fee  for  a 
take  or  receive  of  any  gaoler,  any  sum  whatever  as  a  fee  pointment  of 
or  reward  for  his  appointment,  or  continuance  in  office,  gaoler. 
And  if  any  sheriff,  contrary  to  the  provisions  of  this  act. 


41* 


Title  90.     Sheriffs. 


Punishment 
for  transgres- 
sion. 


Sheriffs  may 
depute  each 
other ;    and 
other  persons, 
on  special  oc- 
casions. 

Officers  may 
not  draw 
writb,  or  ap- 
pear as  attor- 
nies. 


Shall  indorse 
items  of  fees 
on  writs. 


Shall  indorse 
items  of  fees 
on  executions, 
and  give  a  bill 
to  debtor. 


Forfeiture  for 
neglect. 


If  sheriff  takes 
more  than  one 
security  for  an 
execution,  all 
of  them  shall 
be  void. 


Penalty  for  in- 
dorsing   more 
than  lawful 
fees. 


shall  take,  demand  or  receive  any  fee  or  reward  from  a 
gaoler,  or  any  other  or  greater  compensation,  from  any 
deputy,  by  him  appointed,  than  what  is  allowed  by  this 
act,  he  shall,  on  proof  thereof,  before  any  county  or  su- 
perior court,  be  rendered  forever  incapable  of  holding; 
the  office  of  sheriff. 

SECT.  14.  Sheriffs  shall  have  the  power  to  depute  each 
other,  to  serve,  as  deputies  in  their  respective  counties  : 
and  shall  have  liberty,  on  special  occasions,  to  depute 
any  proper  person  to  serve  and  execute  any  particular 
writ  or  process,  without  the  approbation  of  the  county 
court. 

SECT.  15.  If  any  sheriff,  deputy-sheriff,  or  constable 
shall  draw,  or  fill  up,  any  writ,  process  or  declaration., 
except  in  his  own  cause,  it  shall  abate  ;  nor  shall  any 
sheriff,  deputy-sheriff  or  constable,  appear  as  an  attorney 
in  court  for  any  other  person. 

SECT.  16.  Every  officer,  who  shall  serve  any  writ  or 
process,  excepting  executions,  shall  indorse  on  such  writ 
or  process  the  fees  by  him  charged  for  such  service,  with 
the  number  of  miles  by  him  travelled,  and  the  other 
items  constituting  the  amount  thereof.  And  if  by  such 
indorsement  it  shall  appear,  that  such  fees  are  charged 
higher  than  is  by  law  allowed,  the  court  to  whom  the  writ 
is  returned,  shall  reduce  them  to  such  sum  as  is  by  law 
allowed  for  such  service. 

SECT.  17.  Every  officer,  who  collects  an  execution, 
shall  indorse  thereon  the  items  of  his  fees  as  aforesaid, 
and  at  any  time  before  its  return,  shall  deliver  to  the 
debtor  in  the  execution,  on  demand,  and  without  any  fee, 
a  bill  of  the  fees,  by  him  charged,  signed  by  him,  and 
containing  the  items  as  aforesaid,  with  the  name  of  the 
creditor,  the  date  and  amount  of  the  execution,  and  the 
court  from  whence  it  issued  ;  and  in  case  of  neglect  or 
refusal,  he  shall  forfeit  to  such  debtor  threefold  the 
amount  of  his  fees  on  such  execution,  to  be  recovered 
by  a  proper  action  on  this  statute. 

SECT.  1 8.  If  any  officer,  having  an  execution  to  collect, 
shali,  for  the  security  or  payment  of  it,  or  any  part  of 
it,  take  more  than  one  bond,  bill,  note,  receipt  or  other 
instrument,  directly  to  himself,  or  to  any  other  person  for 
his  use,  or  in  which  he  shall  be  directly  or  indirectly  in- 
terested, every  bond,  bill,  note,  receipt  or  other  instru- 
ment, so  taken,  shall  be  void. 

SECT.  19.  If  any  officer,  who  has  served  a  writ,  shall 
indorse  thereon  more  than  his  lawful  fees,  or  demand,  or 
receive  more  than  his  lawful  fees,  he  shall  forfeit  three- 
fold the  amount  of  such  excess,  to  be  recovered  by  ths 


Title  91.     Sickness.  419 

person  against  whom  the  illegal  charge  has  been  made,  in 
a  proper  action  on  this  statute. 

SECT.  20.  If  any  sheriff  shall,  knowingly  and  wilfully,  Sheriff  may  t>e 
charge,  take,  demand,  or  receive  any  greater  sum  for  the  removed  from 
service  of  any  writ,  or  other  legal  process,  than  is  by  law  fo^untawfui 
allowed,  the  general  assembly,  on  proof  thereof,  may  re-  fees. 
move  him  from  office. 

SECT.  21.  If  any  deputy-sheriff  shall  be  guilty  of  the  like  Deputies  may 
offence,  it  shall  be  the  duty  of  the  county  court,  by  whom  be  removed, 
the  appointment   shall  have   been   approved,   on   com- 
plaint,  and  proof  of  the  fact,  to  remove  him  from  office. 

SECT.  22.  If,  upon  complaint  made  to  the  general  as-  sheriff  refus- 
sembly,  it  shall  appear,  that  any  sheriff  illegally  detains,  ing  to  pay 
after  demand,  any  money  by  him  collected,  or  refuses  to  "I0"6/ ?,ol|fct* 
satisfy  any  execution  issued  against  him,  in  the  life  there-  ^0^    6 
of,  such  sheriff  shall  be  declared  incapable  any  longer  to 
hold  the  office,  and  shall  be  removed  accordingly. 

SECT.  23.  No  deputy-sheriff  shall  be  allowed  any  more  Fees  for  actual 
fees  for  travel  to  serve  and  return  a  writ,  or  execution,  travel  only  al- 
than  for  the  actual  travel.  And  whenever  any  sheriff  or  lc  CJ to ffdeP- 

i    i  i       i          •  r  •        f  i     11  uty-shcnff. 

constable,  by  virtue  of  any  writ  of  execution,  shall  seize  On  sheriff's 
any  goods  or  chattels  to  answer  and  satisfy  such  execu-  suitonreceipt 
tion,  and  any  person  shall  appear  to  receive  such  goods 
and  chattels  into  his  care,  and  shall  give  to  such  officer  a 
writing  well  executed  by  such  person,  therein  expressing 
the  receipt  of  such  goods  and  chattels,  and  thereby  prom- 
ising to  re-deliver  the  same  to  such  officer,  and  shall  fail 
of  performing  accordingly,  and  any  action  shall  be  brought  there  slialj  be 
by  such  sheriff  or  constable,  there  shall  be  no  appeal  in  no  appeal, 
such  case  allowed  or  granted. 

TITLE  91.     Sickness. 
An  Act  providing  in  case  of  Sickness. 

TTJE  it  enacted  by  the  Senate,  and  House  of  Rep- 
MJ  resentatives,  in  General  Assembly  convened, 
That  the  civil  authority  and    select-men  of  the  several  Board  of 
towns, shall  constitute  a  board  of  health,  in  their  respective  confuted- 
towns ;  and  shall  have,  and  may  exercise  all  power  and  au-  their  powers  •, 
thority,  necessary  and  proper,  for  the  prevention  of,  and  of 
the  spread  of,  malignant,  contagious,  or  infectious  disease  ; 
and  such  board  may,  as  occasion  shall  require,  appoint  may  appoint 
their  president,  and  such  health  officers,  or  health  com-  their  officers; 
mittces,  as  they  may  deem  expedient,  and  may  hold  meet- 
ings, and  the  members  present  at  any  meeting,  convened 
in  such  manner  as  the  board  shall  direct,  shall  be  a  quo- 
rum for  business  ;    and  shall  have   authority  to  appoint  a 


420 


Title  91.     Sickness. 


and  clerk. 

Their  records 
to  be  evi- 
dence. 

Their  duties ; 


to  examine  in- 
to nuisances, 


and  remove 


Expenses, 
how  paid. 


Owners  to  re- 
move nuisan- 
ces, &c. 


on  penalty. 


Board  of 
heal  i  h,  or  their 
officers,  may 
enter  houses, 
&c.  suspected 
of  containing 
filth,  &c. 


To  make  rules 
and  regula- 
tions and  give 
orders: 


clerk,  who  shall  be  sworn,  and  shall  record  the  acts,  do- 
ings and  proceedings  of  such  board,  and  such  records,  or 
certified  copies  thereof,  shall  be  receivable  in  evidence, 
in  all  courts  of  law  in  this  state. 

SECT.  2.  It  shall  be  lawful  for  such  board,  or  such 
health  officer,  or  health  officers,  or  health  committee,  or 
health  committees,  as  such  board  may  appoint,  to  ex- 
amine into  all  nuisances,  and  such  sources  of  filth,  as  may 
be  injurious  to  the  health  of  the  inhabitants,  whether  the 
same  shall  proceed  from  stagnant  waters,  cellars,  drains, 
common-sewers,  slaughter-houses,  tan-yards,  purtrid  ani- 
mal, or  vegetable  substances,  vessels,  scows,  or  boats,  or 
any  other  cause,  of  any  nature  or  kind  whatsoever  ;  and 
it  shall  be  the  duty  of  such  board,  health  officer,  or  offi- 
cers, health  committee,  or  committees,  to  cause  to  be 
removed  all  filth  of  any  kind  whatever,  which  shall  be 
found  in  any  of  the  streets,  lanes,  wharves,  docks,  or  in 
any  other  place  whatever,  within  the  limits  of  their  town, 
whenever,  in  the  judgment  of  such  board,  such  filth  shall 
endanger  the  lives  or  health  of  the  inhabitants;  and  all  ex- 
penses of  such  removal  shall  be  paid  by  the  person  or  per- 
sons, who  placed  it  there,  if  known,  and,  if  not  known,  by  the 
town.  And  whenever  any  filth  or  nuisances  as  aforesaid, 
shall  be  found  on  private  property,  such  board  shall  cause 
actual  notice  to  be  given  to  the  owner,  or  occupier  of 
such  property,  to  remove  the  same,  at  his  or  her  expense, 
within  twenty-four  hours,  or  such  longer  reasonable  time, 
as  the  board  shall  direct ;  and  in  case  such  owner  or  oc- 
cupier, shall  neglect  to  remove  the  same,  he  or  she  shall 
forfeit  and  pay  a  fine  of  not  less  than  twenty  dollars,  nor 
exceeding  one  hundred  dollars,  and  shall  also  pay  such 
expense  and  cost,  as  the  town  shall  incur,  by  such  remo- 
val ;  and  after  the  expiration  of  such  time,  it  shall  be  the 
duty  of  such  board,  to  cause  such  filth  or  nuisances,  forth- 
with, to  be  removed  or  abated.  And  such  board,  or  such 
health  officer  or  committee,  as  they  shall  direct,  shall  have 
power  to  enter  all  houses,  stores,  cellars,  vessels,  and 
other  places,  where  such  board  shall  have  just  cause  to 
suspect,  any  of  the  aforesaid  nuisances,  or  causes  of  filth, 
to  exist,  and  on  finding  the  same,  the  owner  or  occupier 
of  such  house,  store,  cellar,  vessel,  or  place,  shall  be  lia- 
ble, and  such  board  may  proceed  in  manner  and  form  as 
aforesaid.  And  such  board  is  also  authorized,  from  time 
to  time,  to  make  such  rules  and  regulations,  and  give  such 
orders,  to  have  effect  within  the  limits  of  their  town,  as  to 
such  board  shall  seem  necessary  and  proper,  to  prevent 
the  aforesaid  nuisances,  or  sources  of  filth  ;  and  what- 
ever person  shall,  wittingly  and  willingly,  violate  such 
rule,  regulation  or  order,  after  the  same  shall  have  been 


Title  91.     Sickness.  121 

published  for  one  week,  in  a  newspaper,  printed  in  such 
town,  or  after  the  same  shall  have  been  posted,  for  one 
week,  on  the  sign-posts  in  said  town,  or  after  actual  no- 
tice thereof  shall  have  been  given  to  such  person,  he  or 
she  shall  forfeit  and  pay  a  sum,  of  not  less  than  fifteen  penalty  for  vi- 
dollars,  nor  exceeding  one  hundred  dollars,  at  the  discre-  olatingthem. 
tion  of  the  court. 

SECT.  3.  It  shall  be  lawful  for  the  board  of  health,  in  May  assign 
any  town,  contiguous  to  navigable  waters,  to  make  out  PIaces for> and 
and  assign,  within  the  limits  of  their  town,  or  the  waters  antine.6  ' 
contiguous  thereto,  the  port  or  place  in  any  harbor,  road, 
river,  or  bay,  in  which,  or  where,  vessels  arriving  or  com- 
ing into  the  limits  of  such  town,  or  into  such  contiguous 
waters,  shall,  if  need  require,  perform  quarantine  ;  and  Wh  t 
every  vessel,  which  shall,  between  the  first  day  of  June,  8Ubject  to 
and  the  first  day  of  November,  in  each  year,  come  from  quarantine, 
any  foreign  port  or  place,  or  from  any  port  or  place,  in 
the  United  States,  south  of  the  capes  of  the  Delaware, 
and  arrive  or  come  to  anchor  in  any  such  harbor,  road, 
bay,  river,  or  contiguous  waters,  if  any  place  for  quaran- 
tine shall  have  been  assigned  as  aforesaid,  such  vessel 
coming  and  arriving  as  aforesaid,  or  coming  to  anchor, 
shall  come  to  anchor  and  lie  at  such  place  so  assigned,  and 
at  no  other  place  whatever,  until  discharged,  in  manner  as 
is  hereinafter  provided.     And  the  master  of  every  vessel  Duty  of  the 
arriving  or  coming  to  anchor  as  aforesaid,  shall  forthwith  masters  of 
make  signal,  fora  health  officer,  by  hoisting  colors  in  the  suc  TC£ 
shrouds,  or,  if  need  require,  may  send  a  person  on  shore, 
who  shall,  in  person,  or  by  writing,  notify  the  health  offi- 
cer of  the  port,  or  if  there  be  no  health  officer,  a  member 
of  the  board  of  health,  of  the  arrival  of  such  vessel,  and 
forthwith  return  on  board  ;  and  every  person  so  sent,  who  penalty. 
shall  neglect  to  return  as  aforesaid,  shall  forfeit  and  pay  a 
fine  of  fifty  dollars  ;  and  every  master  of  a  vessel,  arriving 
or  corning  to  anchor  as  aforesaid,  who  shall  come  to  an- 
chor at  any  port  or  place,  in  such  harbor,  road,  river, 
bay,  or  contiguous  waters,  (wind  and  weather  permitting,) 
other  than  in  the  port  or  place  so  assigned,  for  the  per- 
formance of  quarantine,  if  any  such  port  or  place  be  as-  Penalty  for 
signed,  shall  forfeit  and  pay  a  fine  of  not  less  than  one  hun-  violating 
dred  dollars,  and  not  exceeding  five  hundred  dollars,  or  quar 
suffer  imprisonment  for  a  term  not  exceeding  six  months, 
or  both,  at  the  discretion  of  the  court. 

SECT.  4.  On  notice  given  to  a  health  officer,  or  mem-  Duty  of  health 
ber  of  the  board  of  health,  of  the  arrival  of  any  vessel  as  officers,  &c. 
aforesaid,  it  shall  be  the  duty  of  such  health  officer,  or 
member  of  the  board  of  health,  without  delay,  to  visit 
such  vessel,  and  such  officer,  or  member,  shall  have  pow- 
er and  authority,  on  examination,  as  the  circumstances  of 


422  Title  91.     Sickness. 

May  give  cer-  the  case  may  require,  to  give  a  certificate  of  health,  dis- 
heSj&c.        charging  said  vessel  from  quarantine,  or  to  cause  such 
vessel  to  continue  subject  to  quarantine  :  and  every  ves- 
sel, so  subjected  to  quarantine,  shall  perform  quarantine, 
under  such  restrictions  and  regulations  as  such  board  of 
Penalt  for       health  shall  have  established,  or  may  establish.  And  eve- 
violating  rules  ry  owner,  master,  supercargo,  officer,  seaman,  consign- 
or quarantine,    ee,  or  other  person,  who  shall  neglect  or  refuse  to  obey 
the  directions,  rules,   regulations,  or  restrictions  of  the 
board  of  health,  relative  to  any  vessel  required  to  perform 
quarantine,  shall  pay  a  fine,  not  exceeding  five  hundred 
dollars,  or  suffer  imprisonment  for  a  term  not  exceeding 
six  months,  or  both,  at  the  discretion  of  the  court. 
Penaltyfor  SECT.  5.  If  any  master  or  commander  of  any  vessel,  li- 

attempting to    able  to  perform  quarantine,  as  aforesaid,  shall  falsely,  or 
elude  quaran-    fraudulently,  attempt  to  elude  a  quarantine,  by  false  and 
repesenta-       unfounded  declarations  of  the  port  or  place  from  whence 
tions,  &c.  &c.  he  came,  or  shall  land,  or  suffer  to  be  landed  from  his  ves- 
sel, any  apparel,  bedding,  goods,  or  merchandize  what- 
ever, or  any  person  or  persons,  other  than  in  the  manner 
herein  before  provided,  or  permit  any  person  or  persons 
to  enter  on  board  the  same,  before  such  vessel  shall  have 
been  visited  as  aforesaid,  he  shall  forfeit  and  pay  a  sum  of 
not  less  than  one  hundred  dollars,  nor  exceeding  five 
hundred  dollars,  or  suffer  imprisonment  not  exceeding  six 
months,  or  both,  at  the  discretion  of  the  court. 

Health  officers  SECT.  6.  Whenever  a  health  officer,  or  member  of  the 
may  order  board  of  health,  shall,  on  visiting  any  vessel  as  aforesaid, 
cle^fased^then  think  it  necessary  that  any  vessel  required  to  perform 
how  to  pro-  quarantine,  should  be  cleansed  or  purified,  he  shall  direct 
ceed-  the  master  or  commander  of  such  vessel,  to  hoist  a  white 

flag  on  the  head  of  the  main-mast,  there  to  be  kept  during 
the  day  time.     And  it  shall  be  the  duty  of  such  oiHcer.  or 
member,  to  apply,  without  delay,  to  the  board  of  health, 
to  direct  the  time  and  manner,  in  which  the  cargo  on 
board  such  vessel,  shall  be  in  part,  or  in  whole  cleansed, 
or  purified,  if  need  require  ;  and  such  vessel,  or  such  part 
thereof,  as  may  be  infected,  shall  be  cleansed,  by  being 
washed  with  a  lye  made  of  water  and  soap,  or  potash, 
barilla  or  common  ashes,  or  in  such  other  method,  as 
Persons  on        such  board  shall  direct.     And  whenever  such  vessel  shall 
eTto'be're33'  contam  anv  Persori,  laboring  under  a  malignant,   infec- 
movedtoa        tious  disease,  such  person  shall  be  removed  to  a  hospital, 
hospital.  or  other  house,  in  a  healthful  and  safe  situation,  and  nurs- 

ed and  provided  for,  in  the  manner  prescribed  by  law. 
Passengers        And  sucn  DOard  may  also,  at  their  discretion,  cause  anj 
&c.  maybe       passenger  or  passengers  on  board  such  vessel,  and  such 
secluded.          of  the  mariners,  as  the  master  or  commander  of  such  ves- 
sel shall  not  require  to  continue  on  board,  to  be  removed 


Title  91.     Sickness.  423 

from  such  vessel,  and  secluded  on  shore,  for  the  space  of 
fourteen  days,  in  such  a  convenient  place,  as  the  board 
shall  direct;  and  if  any  person  required  to  continue  in 
such  confinement,  shall  depart  therefrom,  without  permis-  Penalty  on 
sion  from  the  board  of  health,  or  some  person  acting  by  s^ch> for  esca- 
their  direction,  he  or  she  shall  forfeit  and  pay  a  fine,  not  pin='    c' 
exceeding  one  hundred  dollars:    and   whatever  person  «n others, 
shall,  without  such  permission,   resort  to,   or  associate  witlTthem  "^ 
with,  any  person  or  persons  so  confined,  shall  be  deem- 
ed to  be  contaminated  with  infection  ;  and  shall  be  li- 
able to  undergo  the  same  confinement  and  penalties,  as 
are  imposed  upon,  or  required  of,  such  person  or  persons 
resorted  to,  or  associated  with. 

SECT.  7.  Whenever  any  certificate  of  health  shall  have  Certificates 
been  given  for  any  cargo,  vessel,  or  person,  if  the  board  obtained  by 
of  health  shall,  on  examination,  find  that  the  same  was  ^e  to  be" 
obtained  by  fraud,  or  any  false  or  unfounded  represen-  void,  and 
tation,  or  shall  be  of  opinion,  that  such  vessel,  person,  then,  how  to 
or  cargo,  should   perform    further   quarantine,    for  the  Proceed- 
purpose  of  being  cleansed,  or  purified,  on  notice  there- 
of being  given  by  the  board,  to  such  person,  or  the  owner, 
master,  supercargo,  or  consignee  of  such  vessel  or  cargo, 
as  the  case  may  be  ;  the  same  shall,  in  all  respects,  be 
liable  to  be  proceeded  with,  in  the  same  manner,  as  if 
BO  certificate  of  health  had  been  given. 

SECT.  8.  Whenever  the  board  of  health  in  any  town,  Board  of 
shall  deem  it  expedient,  that  vessels  coming  or  arriv-  g^'ect^ther 
ing  in  their  town,    or  in  the  waters  contiguous  there-  VeSgeJs  to 
to,  from  any  port  or  place  in  the  United  States,  north  quarantine, 
of  the  capes  of  the  Delaware,  should  perform  quaran- 
tine, such  board  may  subject  such  vessels   to  perform 
quarantine  :  and  an  order  of  such  board,  published  in  HOW. 
a  newspaper,  printed  in  their  town,  or  posted,  for  three 
days,  on  the  sign-posts  in  such  town,  for  that  purpose, 
shall  subject  such  vessels  to  quarantine ;  and  thereupon 
such  vessels  and  their  cargoes,  and  the  masters,  owners, 
mariners,  consignees,  and  all  other  persons,  shall  be  lia- 
ble to  the  same  penalties,  rules,  regulations,  and  restric- 
tions, as  are  established  by  law,  and  shall  have  been,  or 
may  be  established  by  such  board,  relative  to  vessels  ar- 
riving or  coming  from  a  foreign  port,  or  place. 

SECT.  9.  Whenever  any  contagious  or  malignant  dis-  Board  of 
ease  is  prevalent  in  any  town  in  this  state,  or  in  any  town  or  health  maj 
place  in  any  of  the  adjoining  states,  it  shall  be  lawful  for  interdict, 
the  board  of  health,  of  any  other  town  in  this  state,  to  in-  ^n  with*in- 
terdict  communication  between  their  town,  and  such  in-  fected  place's- 
fected  town  or  place;  and  an  order  of  such  board,  for  that 
purpose,  published  or  posted,  in  the  manner  prescribed  in 
the  last  section,  shall  be  deemed  sufficient  notice  to  all 


424 


Title  91.     Sickness. 


Penalty  for  vi- 
olating order. 

Taverners,&c. 
to  give  notice 
of  their  sick 
lodgers,  &c. 


Penalty. 

Board  of 
health  may  es- 
tablish fees. 
&c. 


Board  of 
health  may 
enforce  their 
orders. 


How. 


Physicians  to 
report, 


on  penalty. 

Penalties,  &c. 
how  appropri- 
ated, 


and  applied. 


persons,  of  such  interdiction  ;  and  any  person  found  guil- 
ty of  wilfully  violating  such  order,  shall  be  subjected  to  a 
fine  not  exceeding  one  hundred  dollars. 

SECT.  10.  Between  the  first  day  of  May.,  and  the  first 
day  of  November,  in  each  year,  every  taverner.  inn-keep- 
er, or  keeper  of  a  boarding-house,  or  lodging-house,  shall, 
within  twelve  hours  after  any  sea-faring  man,  or  other 
lodger,  becomes  sick,  in  his  or  her  house,  report  in  writ- 
ing, to  the  board  of  health,  or  health  officer,  the  name, 
(if  known,)  of  such  person,  and  the  nature  of  his  disor- 
der, on  pain  of  forfeiting  twenty  dollars. 

SECT.  11.  The  board  of  health  is  authorized  to  estab- 
lish the  fees  or  compensation,  not  exceeding  five  dollars, 
which  the  health  officer  shall  be  entitled  to  receive,  for 
visiting  a  vessel  as  aforesaid  ;  and  the  master,  or  owner 
of  such  vessel,  shall  be  liable  to  pay  the  same,  to  such 
health  officer. 

SECT.  12.  Whenever  any  person  shall  refuse  to  obey 
any  order  or  orders,  given  by  a  board  of  health,  in  pur- 
suance of  the  powers,  in  such  board  vested  by  law,  or 
shall  endeavor  to  prevent  such  order  from  being  carried 
into  effect,  it  shall  be  lawful  for  any  justice  of  the  peace, 
on  the  request  of  such  board,  to  issue  his  warrant,  to  any 
proper  officer,  or,  if  need  requires,  to  any  disinterested 
person,  therein  stating  such  order  or  orders,  and  him  re- 
quiring to  carry  the  same  into  effect,  and  it  shall  be  the 
duty  of  such  officer,  or  disinterested  person,  to  execute 
the  same. 

SECT.  13.  Whenever  a  board  of  health  shall  request 
any  physician,  practising  in  their  town,  to  make  to  the 
board,  daily,  or  weekly  report,  of  such  cases  of  pestilen- 
tial, or  malignant  fever,  or  disease,  as  occur  in  his  prac- 
tice, it  shall  be  the  duty  of  such  physician  to  report  as 
aforesaid,  specifying  each  patient's  name,  and  place  of 
residence,  on  pain  of  forfeiting,  for  each  neglect  or  refu- 
sal, a  fine  of  fifty  dollars. 

SECT.  14.  All  penalties  and  forfeitures,  that  shall  be 
incurred,  for  any  violation  of  this  act,  shall  be  paid  into 
the  treasury  of  the  town,  in  which  the  offence  shall  be 
committed.  And  all  sums  recovered,  or  which  any  per- 
son or  persons  shall  have  forfeited,  for  any  breach  of  any 
preceding  section  of  this  act,  or  of  any  order,  rule,  or  reg- 
ulation, of  a  board  of  health,  made  in  pursuance  of  any 
preceding  section  of  this  act,  shall  constitute  a  fund  in 
such  town,  subject  only  to  such  board,  and  to  be  by  such 
board  applied  to  the  contingent  expenses  of  such  board, 
to  the  relief  of  such  poor  and  indigent  persons  in  their 
town,  as  may  be  infected  with  malignant  or  infectious 
fever,  or  disease,  or  to  the  prevention  of  such  disease  or 


Title  91.     Sickness.  425 

fever.     And  the  costs  of  prosecution  under  this  act,  shall 
be  paid  out  of  the  treasury  of  such  town. 

SECT.  15.  If  any  person  shall  come  from  any  town  or  Persons  com- 
place,  in  this  or  a  neighboring  state,  where  the  small-  ing  from  pla- 
pox,  or  any  other  contagious  disease,  doth  prevail,  or  shall  ^aU^ox  &•* 
have  lately  prevailed,  or  if  any  person  or  family,  maybe  prevaHs^how 
justly  suspected  or  feared  to  have  taken  the  infection,  of  to  be  dealt 
any  such  contagious  disease,  it  shall  be  in  the  power  of  Wlth- 
the  board  of  health,  of  -any  town,  where  such  person, 
or  persons,  or  family  may  be,  to  order  such  person  or 
persons,  or  family  into  confinement  in  a  hospital,  (if  any 
there  be  in  such  town,)  or  in  some  other  place  to  be  de- 
signated by  said  board  of  health,  there  to  remain  as  long 
as  said  board  shall  judge  necessary,  to  insure  the   safety 
of  such  town  from   such  infection,  from  such  person  or 
persons  ;  and  if  need  require,  the  said  board  may  apply 
to  any  justice  of  the  peace  in  such  town,  who  is  hereby 
authorized  to  issue  a  warrant,  directed  to  some  proper 
officer,  directing  him  to  execute  the  orders  of  said  board 
of  health,  in  relation  to  such  person,  persons  or  family  ; 
and  said  board  is  also  authorized,  to  give  orders  and  di- 
rections, for  regulating  and  restraining  any  improper  in- 
tercourse with  such  person,  persons  or  family.     And  if 
any  person  shall  neglect  or  refuse  to  comply  with  any  Penalty  for 
order  of  the  board  of  health,  made  in  pursuance  of  au-  ance!°mpli" 
thority  given  them  in  this  and  the  next  succeeding  sec- 
tion, he  shall  forfeit  and  pay  the  sum  of  twenty  dollars. 

SECT.  16.  Whenever  any  person  or  persons,  shall  come  Persons  sus- 
into  any  town  in  this  state,  from  any  place,  where  the  pectedtohave 
small-pox,  or  other  contagious  disease,  is,  or  shall  have   been  exP°sed 
been  lately  prevalent ;  or  when  any  person  in  such  town  wj^  the 
shall  be  justly  suspected  to  have  come  from  such  infected  small-pox, 
place,  or  to  be  infected  with,  or  to  have  been  exposed  to,   &c-  hc"T  to  be 
the  small-pox,  or  such  other  disease  ;  it  shall  be  lawful  for 
the  board  of  health,  of  such  town,  or  such  health  officer, 
as  they  shall  appoint,  to  require  such  person  or  persons, 
so  coming, or  suspected,  to  disclose  on  oath,  whether  he  or 
they  have  come  from  such  place,  or  are  infected  with,  or 
have  been  exposed  to,  the  small-pox,  or  such  other  dis- 
ease ;  and  for  that  purpose,  may  administer,  or  cause  to 
be  administered,  an  oath  or  oaths,  to  such  person  or  per-' 
sons ;  and  in  case  any  such  person  or  persons,  shall,  when  ' 
required,  refuse  to  disclose  on  oath,  as  aforesaid,  said 
board  of  health  may,   without  further  proof,  order  and 
effect  the  confinement  of  such  person  or  persons,  so  re- 
fusing, as  is  provided  in  the  preceding  section  of  this  act, 
relative  to  persons  suspected  to  have  the  small-pox,  or 
oth^r  contagious  disease. 


426 


Title  91.     Sickness. 


When  any 
contagious 
disease  pre- 
vails in  any 
town,  what 
may  be  done. 


Penalty  for 
transgression 


how  recover- 
ed. 

No  appeal. 

No  person  to 
give  small- 
pox, £c.  with- 
out permission 
from  board  of 
health. 


How  to  pro- 
ceed after  per- 
missjon. 


Penalty  for 
communicat- 
ing smal!-pox, 
&c. 


Penalty  for 
transgressing 
rules,  £c. 


Penalty  for 
receiving 
small-pox,  and 
coming  into 
this  state. 


SECT.  17.  Whenever  any  contagious  disease,  shall  be 
prevalent  in  any  town,  the  board  of  health  in  such  town, 
shall  have  authority  to  do  and  perform,  all  matters  and 
things  relative  thereto  ;  and  to  give,  and  make  and  pub- 
lish, in  such  manner  as  they  may  deem  proper,  all  such 
rules,  orders  and  regulations,  for  preserving  the  inhab- 
itants therefrom,  as  they  shall  deem  expedient  for  that 
purpose  ;  and  if  any  person  or  persons,  shall  transgress 
any  rule,  order  or  direction,  made  or  given  by  the  board 
of  health,  in  pursuance  of  the  power  given  them  by  this 
section,  every  person,  or  persons,  so  transgressing,  shall 
forfeit  and  pay  to  the  treasurer  of  such  town,  a  sum  not 
exceeding  twelve  dollars,  nor  less  than  one  dollar,  for 
every  such  transgression,  to  be  recovered  by  any  proper 
action,  before  any  justice  of  the  peace,  proper  to  try  the 
same  ;  and'ho  appeal  shall  be  allowed  from  the  judgment 
of  such  justice  of  the  peace  in  such  action. 

SECT.  18.  No  person  within  the  limits  of  any  town  in 
this  state,  shall  receive,  give,  or  communicate  the  infec- 
tion of  the  small-pox,  by  way  of  inoculation,  or  in  any 
other  such  like  method,  or  be  aiding  or  assisting  therein, 
without  first  obtaining  permission  from  the  board  of  health 
in  such  town,  which  board  is  hereby  authorized  to  give 
such  permission,  by  vote,  and  a  certified  copy  thereof; 
and  when  such  permission  shall  be  so  given,  to  any  per- 
son or  persons,  the  said  board  of  health  is  hereby  direct- 
ed and  required,  to  assign  the  place,  house  or  houses,  in 
which  the  inoculation  shall  be  carried  on,  and  in  which 
the  infected  persons  shall  be  kept,  and  to  appoint  or  ap- 
prove of  the  nurses  or  tenders  employed,  and  to  make 
and  give  such  rules  and  directions,  as  they  shall  deem 
expedient,  for  preserving  the  inhabitants  from  taking  the 
infection ;  and  if  any  person  or  persons  shall  voluntarily 
receive,  take,  give,  or  communicate  the  small-pox,  direct- 
ly or  indirectly,  contrary  to  the  true  intent  and  meaning 
of  this  section,  or  be  aiding  or  assisting  therein,  such 
offender  shall  forfeit  and  pay  to  the  treasurer  of  the 
town,  where  such  disease  is  communicated  and  had,  the 
sum  of  one  hundred  dollars,  for  every  such  offence.  And 
if  any  person  shall  transgress  any  rule,  or  direction,  made 
or  given,  by  the  board  of  health,  in  pursuance  of  the 
authority  given  in  this  section,  he  shall  forfeit  and  pay  to 
the  treasurer  of  the  town,  where  the  offence  shall  be 
committed,  a  sum  not  exceeding  twenty-five  dollars,  at 
the  discretion  of  the  county  court  which  shall  hear  and 
determine  the  same.  And  if  any  person  shall  voluntarily 
receive,  or  take  the  small-pox  by  inoculation,  without  the 
limits  of  this  state,  and  come  into  any  town  in  this  state, 
and  have  the  same,  he  or  she  shall  forfeit  and  pay  to  the 


Title  92.     Sign-posts.  427 

treasurer  of  such  town,  the  sum  of  one  hundred  dollars. 
And  all  informing  officers  are  hereby  required,  to  inform  Informing  offi- 
against  all  and  every  person,  who  shall  transgress  against  ^  to  pros 
this  act,  or  any  provision  thereof,  or  any  rules,  orders,  or 
regulations,  made  in  pursuance  thereto. 

SECT.  19.  The  boards  of  health  in  the  several  towns,  Boards  of 
are  hereby  authorized  and  empowered,  to   adopt  such  adopj™^ 
measures  for  the  general  vaccination  of  the  inhabitants  of  &c.  for  vac- 
their  respective  towns,  as  they  shall   deem  proper  and  cination. 
necessary,  to  prevent  the  introduction,  or  to  arrest  the 
progress  of  the  small-pox  ;  and  to  defray  the  expenses,  in   Expense,  how 
whole,  or  in  part,  of  such  general  vaccination,  out  of  the   p 
public  treasury  of  the  town. 

TITLE  92.     Sign-posts. 
An  Act  relating  to  Sign-posts. 

T>  E  it  enacted  by  the  Senate  and  House  of  Rep- 
or.     .    |~^  resentatives,  in  General  Assembly  convened, 
That  a  sign-post  shall  be  erected  and  kept,  in  each  school-  Sign-posts  to 
society,  by  the  select-men  of  the  town  in  which  such  so-  be  erected  in 
ciety,  or  the  greater  part  thereof,  is  situated,  at  such  ^select-men, 
place,  within  such  society,  as  the  said  select-men  shall  and  kept  ia 
judge  most  convenient,  and  shall  designate  ;  and  such  repair. 
sign-post  shall  be  erected,  and  kept  in  repair,  at  the  ex- 
pense of  such  town ;  and  if  such  select-men  shall  not 
erect  such  a  sign-post,  or  shall  neglect  to  keep  in  repair 
such  sign-post  as  may  have  been  erected  in  such  society, 
agreeably  to  law,  such  select-men  shall  forfeit  and  pay 
two  dollars  for  each  month,  during  such  neglect,  to  be  Penalty  for 
recovered  for  the  use  of  him,  who  shall  sue  for  the  same,  neglect, 
within  six  months  after  such  neglect. 

SECT.  2.  .Each  town  may,  at  their  annual  meeting,  or  Towns  may 
at  any  other  meeting  specially  warned  for  that  purpose,  j^e* addition^ 
order  to  be  erected  within  such  town,  any   additional  al  sign-post*, 
sign-posts  therein,  and  in  such  place  or  places  as  the  pub- 
lic interest  may,  in  their  opinion,  require  ;  which  sign- 
post or  sign-posts  shall  be  erected  and  maintained,  by  the 
select-men  of  the  town,  which  shall  order  the  same,  at 
the  expense  of  such  town,  under  the  same  penalty,  to  be 
recovered  in  the  same  manner,  of  the  select-rnen  of  such 
town,  and  for  the  same  use,  as  is  herein  before  provid- 
ed in  case  of  sign-posts  in  societies.     But  no  sign-post  ^ 
shall  be  erected  within  a  less  distance,  than  three  miles  V i* 
from  any  sign-post  within  the  same  town,  which  shall } 
have  been  previously  established. 


428 


Title  93.     Slavery. 


Certain  sign- 
posts, hereto- 
fore author- 
ized, to  be 
kept  in  repair. 


Notices,  &c. 
where  to  be 
posted. 


When  officers 
may  use  sign- 
post? out  of 
their  proper 
precincts. 


stct.  3.  The  several  additional  sign-posts  heretofore 
authorized  by  lawto  be  erected  in  the  towns  ofNew-Hart- 
ford,  East-Windsor,  Saybrook,  Canton  and  East-Had- 
dam.  shall  be  continued,  and  kept  in  repair,  by  the  se- 
lect-men of  those  towns  respectively,  under  the  same 
penalty,  to  be  recovered  in  the  same  manner,  and  for  the 
same  use,  as  is  provided  in  the  second  section  of  this 
act. 

SECT.  4.  All  advertisements  or  notices  of  lands  or  goods, 
taken  by  execution,  or  for  distress  for  rates  or  taxes,  shall 
be  posted  on  a  sign-post  in  the  society,  where  such  lands 
or  goods  are  taken,  and  sold  thereat. 

SECT.  5.  In  such  societies  as  are  composed  of  parts  of 
two  or  more  towns,  or  parts  of  two  or  more  counties,  the 
constables  of  the  several  towns,  of  which  such  society  is 
composed,  and  the  sheriffs  and  deputy-sheriffs  of  the 
counties,  of  which  such  society  is  composed,  shall  have 
the  same  power  to  use  the  sign-post,  or  sign-posts,  in 
such  society,  as  though  the  same  were  situated  within 
the  proper  precincts  of  such  sheriffs,  deputy-sheriffs  or 
constables. 


Negro  and  mu- 
latto children, 
free  at  twenty  - 
one. 

Emancipated 
slaves  to  be 
supported  by 
the  owners. 


How  slaves 
may  be  eman- 
cipated, and 
the  master 
discharged 
froiii  future 
expense. 


TITLE  93.     Slavery. 
An  Act  to  prevent  Slavery. 

TJ  E  it  enacted  by  the  Senate  and  House  of  Rep- 
jj  resentatives,  in  General  Assembly  convened, 
That  negro  and  mulatto  children,  born  in  this  state,  shall 
be  free  at  the  age  of  twenty-one,  and  shall  not  be  holden 
in  servitude,  though  their  mothers  or  parents  were  slaves 
at  their  birth. 

SECT.  2.  All  slaves  emancipated  by  their  owners,  in 
case  they  come  to  want  after  their  emancipation,  shall 
be  supported  by  their  masters  respectively,  their  heirs, 
executors  and  administrators ;  and  on  their  refusal,  the 
select-men  of  the  town  where  they  belong  shall  provide 
for  their  support ;  and  the  town  shall  be  entitled,  in  a 
proper  action  on  the  case,  to  recover  all  the  expense  of 
such  support  from  the  owners  or  masters  of  such  slaves, 
their  heirs,  executors,  or  administrators. 

SECT.  3.  If  any  master  or  owner  of  a  slave  is  disposed 
to  emancipate  him,  he  may  apply  to  any  two  of  the  civil 
authority,  or  to  one  of  the  civil  authority,  and  two  of  the 
select-men  of  the  town  where  he  belongs,  who,  if  thej 
find  such  slave  to  be  in  good  health,  and  not  of  a  greater 
age  than  forty-five  years,  shall  give  to  the  owner  or  mas- 
ter, a  certificate  thereof,  under  their  hands  ;  provided 


Title  91.     Slavery.  1'29 

they  find,  on  examination  of  the  slave,  that  he  is  desir- 
ous to  be  made  free  ;  and  if  the  master  or  owner  shall, 
on  receiving  such  certificate,  emancipate  such  slave,  he 
•hall  be  discharged  from  any  expense  for  his  support, 
provided  the  letter  of  emancipation,  and  the  certificate, 
shall  be  recorded  in  the  records  of  the  town  where  the 
master  resides. 

SECT.  4.  No  indian,  negro,  or  mulatto  slave,  shall  be  No  slaves  to 
brought  or  imported  into  the  state,  by  sea  or  land,  from  j||!tj|lljj£rgfete. 
any  place  whatever,  to  be  disposed  of,  left  or  sold  within 
the  same. 

SECT.  5.  And  if  any  person  shall  import  or  bring  into  Forfeiture. 
the  state,  any  indian,  negro,  or  mulatto  slave,  or  slaves, 
to  be  disposed  of,  left  or  sold  within  the  same,  or  who, 
knowing  such  slave  or  slaves  to  be  so  imported,  or 
brought  into  the  state,  shall  receive  or  purchase  them,  or 
any  of  them,  he  shall  forfeit  the  sum  of  three  hundred  and 
fifty  dollars,  for  every  slave  so  imported  or  purchased, 
one  half  to  him  who  shall  prosecute  to  effect,  and  the  oth- 
er half  to  the  treasury  of  the  state. 

SECT.  6.  If  any  inhabitant  of  this  state  shall  transport  penaityfor 
out  of  the  same  into  any  other  state  or  country,  for  the  exportation, 
purpose  of  selling,  either  directly,  or  indirectly,  or  shall 
buy  or  sell,  with  intent  to  transport  out  of  this  state,  or 
shall  aid,  assist,  or  abet,  in  buying,  selling,  or  transport- 
ing into  any  other  state  or  country,  any  negro  or  mulatto 
slave  or  servant  for  years,  he  shall  forfeit  the  sum  of  three 
hundred  and  fifty  dollars,  one  half  to  him  who  shall  pros- 
ecute to  effect,  and  the  other  half  to  the  treasury  of  the 
state  :  and  all  contracts  made  and  executed  in  payment, 
or  part  payment,  for  any  slave  bought  and  sold,  contrary 
to  this  act,  shall  be  utterly  void. 

SECT.  7.  No  inhabitant   of  the  state  shall,  for  him-  Slave-trade 
self,  or  any  other  person,  either  as  master,  factor,  super-  prohibited, 
cargo,  owner,  or  hirer,  in  whole  or  in  part,  of  any  vessel, 
directly  or  indirectly,  import  or  transport,  buy  or  sell,  or 
receive  on  board  his  vessel,  with  intent  to  cause  to  be 
transported,  any  of  the  inhabitants  of  any  part  of  Africa, 
as  slaves,  or  servants  for  term  of  years,  upon  penalty  of 
one  hundred  and  seventy  dollars,  for  every  person  so  re- 
ceived on  board,  and  one  thousand  seven  hundred  dollars 
for  every  such  vessel  employed  in  the  importation  or 
transportation  aforesaid  ;  one  half  to  him  who  shall  pros- 
ecute to  effect,  and  the  other  half  to  the  treasury  of  the 
state.     And  all  insurance  made  in  this  state  upon  such  Insurance  ou 
vessel,  so  employed,  and  upon  any  slaves  or  servants  ship-  slaye-shlP8' 
ped  onboard,  for  the  purpose  aforesaid,  shall  be  utterly  ^id** 
void  :  and  this  act  may  be  given  in  evidence  under  the 


130  Title  94.     Societies. 

general  issue,  in  any  action  brought  for  the  recovery  of 
suchinsurance.(l) 


(1)  Slavery  was  never  directly  estab- 
lished by  statute  ;  but  has  been  indirectly 
sanctioned  by  various  statutes,  and  fre- 
quently recognized  by  courts,  so  that  it 
may  be  said  to  have  been  established  by 
law.  Few  negro  slaves,  however,  were  im- 
ported into  the  state;  and  in  1771,  the  im- 
portation of  all  slaves  was  prohibited.  Af- 
ter the  termination  of  the  war  of  the  revo- 
lution, in  1784,  the  legislature,  to  effect  the 
gradual  abolition  of  slavery,  enacted  that 
no  negro  or  mulatto  child,  born  after  the 


first  day  of  March,  1784,  should  be  held  in 
servitude  longer  than  till  they  arrived  to 
the  age  of  twenty-five  years  ;  and  also  pro- 
vided for  the  emancipation  of  slaves  by 
their  masters,  without  being  liable  for  their 
support.  The  consequence  has  been,  that 
there  are  now  very  few  slaves,  and  in  a 
short  time,  slavery  will  no  longer  be  a  re- 
proach to  the  state.  The  numi>er  of  ne- 
groes, however,  is  rather  encreasing,  than 
diminishing,  like  the  Indians. 


TITLE  94.     Societies. 

An  Act  relating  to  Religious  Societies  and  Con- 
gregations. 

E  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives,  inGeneral  Assembly  convened, 
General  rights  That  all  societies  and  congregations,  instituted  for  public 
and  powers  of  religious  worship,  which  have  been  incorporated  by  law, 
societies  for  jn  jocai  limits,  or  otherwise,  or  formed  by  voluntary  asso- 
religious  wor-  ...  ,  n  i  u  j  •  n  j  J 

ship.  ciation,  shall  hold,  possess  and  enjoy,  all  real  and  person- 

al property,  all  public  buildings  and  funds  belonging  to 
such  societies  and  congregations,  appropriated  to  the  use 
and  support  of  public  worship  ;  and  shall  have  power  to 
take  care  of,  manage  and  apply  the  same  to  such  purpose  ; 
and  shall  be  capable  hereafter  to  receive  any  grants  or 
donations,  and,  by  voluntary  agreement,  to  establish 
funds  for  the  same  object.(l) 


(1)  The  object  of  our  ancestors  in  emi- 
grating to  this  country,  was  to  enjoy  their 
religion,  not  only  free  from  persecution, 
but  without  interruption  from  Christians  of 
different  sentiments.  They  were  desirous 
of  maintaining  a  uniformity  of  doctrine  and 
of  worship.  The  true  principles  of  reli- 
gious liberty  were  not  then  known  in  any 
Christian  country,  and  toleration  was  notthe 
virtue  of  that  age.  Accordingly,  on  their 
arrival,  they  formed  an  ecclesiastical  con- 
stitution ;  they  passed  a  statute,  that  no 
persons  should  embody  themselves  into 
Church  estate,  without  consent  of  the  gene- 
ral court,  and  approbation  of  neighboring 
churches  ;  that  no  ministry,  or  church  ad- 
minis  (ration,  should  be  entertained  or  at- 
tended, distinct  and  separate  from,  and  in 
opposition  to,  that  by  the  approved  minis- 
ter of  the  place,  on  penalty  of  five  pounds  ; 


and  that  every  person  should  attend  public 
worship,  on  the  Lord's  day,  and  cniys  of 
fasting  and  thanksgiving,  on  penalty  of 
five  shillings  ;  and  to  guard  against  the  su- 
premacy of  the  church  over~the  state,  it 
was  declared,  that  the  civil  authority  had 
power  and  liberty  to  see  the  peac  ,  ordi- 
nances, and  rules  of  Christ's  church,  ob- 
served in  every  church,  according  o  his 
word,  and  to  deal  with  any  cliurrli-u»  m- 
ber  in  a  way  of  civil  justice,  notwithstand- 
ing any  church  relation,  office,  or  inn.  n  st, 
so  it  be  done  in  a  civil,  and  not  in  an  eccle- 
siastical way  ;  and  that  a  church  censure 
should  not  degrade  or  depose  any  man  from 
any  civil  office  or  authority.  Laws  were 
made  to  compel  each  town  or  society,  by 
taxation,  to  support  the  ministrj-,  and  in 
default  thereof,  the  county  courts  were  or- 
dered to  see  it  done,  and  every  inhabitant 


Title  94.     Societies. 


431 


SECT.  2.  Whenever  any  person  shall  desire  to  join  Howanyper- 


any  religious  society  or  congregation,  which  has  been, 


>me  a  mem- 


was  compellable  to  pay  taxes  for  the  sup- 
port of  the  approved  minister.  A  provis- 
ion, however,  is  made,  where  there  is  a 
difference  of  opinion  with  regard  to  church 
government,  and  it  is  declared,  that  though 
the  congregational  churches  have  been,  in 
general,  approved  in  profession  and  prac- 
tice, yet  as  sundry  persons  of  piety  and 
worth  among  them,  were  otherwise  per- 
suaded, such  persons,  being  approved  of 
according  to  law,  as  orthodox,  and  sound 
in  the  fundamentals  of  religion,  should  have 
allowance  in-  their  persuasion  and  profes- 
sion in  church  way,  without  disturbance. 

The  only  statute  against  "heretics,  ap- 
pears in  the  revision  of  1672,  whereby  it  is 
enacted,  that  no  person  shall  entertain  any 
Quaker,  Ranter,  Adamite,  or  other  notori- 
ous heretic,  upon  penalty  of  five  pounds  ; 
and  that  towns  who  'sufiered  their  enter- 
tainment, should  be  subjected  to  a  penal- 
ty of  five  pounds  per  week  ;  that  the  gov- 
ernor, deputy-governor,  or  assistants, 
should  have  power  to  send  them  out  of  the 
colony,  or  commit  them  to  prison  ;  that  no 
person  should  hold  any  unnecessary  dis- 
course with  them,  on  penalty  of  twenty 
shillings  ;  or  keep  their  books,  on  penalty 
of  ten  shillings ;  that  their  books  should  be 
seized,  and  delivered  to  some  court,  who 
should  suppress  them  ;  and  if  any  master 
of  a  vessel  should  land  such  heretics  in  the 
colony,  he  was  compellable  to  transport 
them  out  of  the  state,  on  penalty  of  twen- 
ty pounds.  This  statute  does  not  appear 
in  the  revision  of  1750. 

No  creed,  or  form  of  church  government, 
was  adopted  until  1708  ;  and  then  the  con- 
fession of  faith,  heads  of  agreement,  and 
regulations  in  the  administration  of  church 
discipline,  as  consented  to  by  the  elders 
and  messenger's  of  the  churches,  convened 
at  Say  brook,  were  approved  of;  and  all 
the  churches,  thus  united  in  doctrine,  wor- 
ship and  discipline,  were  declared  to  be 
established  by  law.  Though  this  statute 
was  omitted  in  the  revision  of  1784,  yet  the 
creed  and  form  of  church  government  there- 
by established,  have  ever  been  recognized 
and  practised  upon,  by  the  congregations 
in  the  located  societies. 

In  1708,  an  act  of  toleration  was  passed, 
copied  from  the  celebrated  toleration  act  of 
William  and  Mary,  declaring,  that  all  per- 
sons who  should  conform  to  that  act,  should 
have  liberty  of  worshipping  God,  in  a  way 
separate  from  that  established  by  law ;  but 
should  not  be  excused  from  paying  taxes 
to  the  approved  ministers  of  the  churches, 
established  by  law. 

Though  there  were  some  contests  in  the 


established  churches,  yet  there  appeared 
to  be  no  danger  of  an  innovation  till  the  . 
appearance  of  the  Baptists,  and  some  oth- 
er denominations  ;  and  in  1723,  a  statute 
was  passed,  reciting,  that  some  persons  had 
formed  themselves  into  separate  meetings, 
in  private  houses,  for  religious  worship, 
on  the  Lord's  day,  and  that  others,  with- 
out ordination,  had  administered  the  sacra- 
ment of  baptism,  and  thereupon  enacting, 
that  all  persons  who  should  neglect  the  pub- 
lic worship  of  God,  on  the  Lord's  day, 
in  some  lawful  congregation,  and  form 
themselves  into  separate  companies,  in 
private  houses,  should  forfeit  twenty  shil- 
lings, and  that  any  person,  not  being  a 
lawful  minister,  who  should  administer  the 
sacraments,  should  incur  a  penalty  of  ten  ; 
pounds,  or  be  whipped  not  exceeding  thir- 
ty lashes. 

In  1727,  the  members  of  the  church  of  ; 
England  made  an  application  to  the  legis- 
lature, to  be  exempted  from  paying  taxes 
for  the  support  of  the  ministry  of  any  oth- 
er denomination,  and  for  the  privilege  of 
taxing  themselves,  to  support  their  own 
ministry  ;  and  an  act  was  passed,  direct- 
ing that  all  persons,  within  the  limits  of  a 
parish,  belonging  to  the  church  of  England, 
and  to  the  churches  established  by  law, 
should  be  taxed  by  the  same  rule,  and  in  the 
same  proportion,  for  the  support  of  the  min- 
istry, in  such  parish  ;  and  where  there  was 
a  society  of  the  church  of  England,  accord- 
ing to  the  canons  of  that  church,  so  near  to 
any  person  who  had  declared  himself  to 
be  of  that  church,  that  he  could  conven- 
iently, and  did  ordinarily,  attend  public 
worship  there,  then  the  collector  of  the  tax, 
on  levying  the  same,  should  pay  it  to  that 
minister  of  the  church  of  England,  on  which 
such  person  attended,  who  should  have  pow- 
er to  receive  and  recover  the  same ;  and 
when  the  taxes  so  collected,  should  be  in- 
sufficient to  support  the  minister  of  the 
church  of  England,  the  members  of  the  so- 
ciety were  vested  with  the  power  of  tax- 
ing themselves,  and  they  were  also  ex- 
empted from  paying  taxes  for  building  or 
repairing  the  meeting-houses  of  the  estab- 
lished churches.  The  principle  of  exempt- 
ing dissenters  from  taxes  to  support  the 
established  churches,  having  been  admit- 
ted in  one  case,  it  became  necessary  to  ex- 
tend it  to  others.  Accordingly,  in  1729, 
this  exemption  was  extended  to  Quakers 
and  Baptists,  who  lived  so  near  to  any  so- 
ciety of  their  denomination,  that  they  could 
and  did  attend  public  worship  therein,  on 
their  producing  a  certificate  from  such  soci- 
ety, that  they  had  joined,  and  belo'nged  to  it. 


432 


Title  94.     Societies. 


her  of  areli-    or  shall  be,   incorporated  by  law,  or  has  been,  or  shall 
gious  society,    ^e,  formed,  by  voluntary  association,  he  may  lodge  with 


In  the  year  1742,  itinerant  preachers, 
and  lay  exhorters,  having  excited  an  alarm 
for  the  ecclesiastical  constitution  itself,  the 
legislature  passed  an  act  to  prohibit  any 
ordained  or  licenced  minister,  to  preach 
and  exhort,  in  any  society,  not  under  his 
care,  without  the  invitation  of  the  settled 
minister,  and  major  part  of  the  church  and 
society,  on  pain  of  being  excluded  from  the 
benefit  of  the  law  for  the  support  of  the 
ministry  ;  also,  to  prohibit  any  person,  not 
a  settled  or  ordained  minister,  from  going 
into  any  parish  to  teach  and  exhort  the 
people,  without  the  invitation  of  the 
settled  minister,  and  the  major  part  of  the 
church  and  congregation,  on  penalty  of  be- 
ing bound  to  his  good  behavior ;  arid  there 
was  a  further  clause,  that  if  any  foreigner, 
whether  licenced  to  preach  or  not,  should 
preach,  teach,,  or  publicly  exhort,  in  any 
town  or  society,  without  the  invitation  of  the 
settled  minister,  and  the  major  part  of  the 
church  of  such  town  and  society,  or  if 
there  were  no  settled  minister,  then  at  the 
call  of  the  church  and  inhabitants  of  such 
society,  he  should  be  sent,  as  a  vagrant, 
by  warrant,  from  constable  to  constable, 
out  of  the  bounds  of  the  colony.  This  act 
not  answering  the  intended  effect,  the  le- 
gislature, in  May,  1743,  repealed  the  act 
of  toleration,  passed  in  1708  ;  at  the  same 
time,  liberty  was  given  to  sober  dissenters, 
to  apply  to  the  assembly  for  relief;  and  in 
October  following,  an  act  was  passed,  di- 
recting that  if  any  foreigner  or  stranger 
should,  at  any  time,  return  into  the  colo- 
ny, after  he  had  been,  by  authority,  trans- 
ported out  of  it,  and  should  teach,  preach, 
or  exhort,  in  any  town  or  society,  it  should 
be  the  duty  of  any  magistrate,  who  should 
have  information  of  it,  to  cause  such  per- 
son to  be  apprehended  and  brought  before 
him,  who  could  bind  him,  in  the  penal  sum 
of  one  hundred  pounds,  to  his  peaceable 
and  good  behavior,  and  not  to  offend 
again  in  like  manner.  But  the  ferment 
soon  subsided,  and  in  the  revision  of  1750, 
these  statutes  do  not  appear.  At  this  time, 
the  denial  of  the  being  of  a  God,  the  doc- 
trine of  the  Trinity,  and  the  divine  author- 
ity of  the  scriptures,  was  made  punishable, 
for  the  first  offence,  by  disability  to  hold 
any  office,  and  for  the  second  offence,  by 
the  additional  disability  to  sue,  to  be  a 
guardian,  executor  or  administrator.  This 
statute  was  copied  from  one  passed  in  the 
reign  of  William  and  Mary.  There  never 
was  a  conviction  under  it.  Atheism  and 
Deism  were  never  avowed.  Unitarians 
have  been  allowed  to  promulgate  their 


opinions  with  impunity.  This  statute 
has  been  superseded  by  the  constitution. 

In  the  revision  of  1784,  more  liberal 
principles  of  toleration  were  adopted.  Dis- 
senters, of  all  denominations,  were  ex- 
empted from  the  payment  of  taxes  to  the 
support  of  the  ministry,  in  the  located  so- 
cieties, where  they  had  formed  distinct 
churches  or  congregations,  in  a  way  agree- 
able to  their  consciences,  and  ordinarily 
attended  public  worship  therein,  and  con- 
tributed their  due  proportion  to  the  sup- 
port thereof,  and  produced  a  certificate 
from  such  church  or  congregation,  signed, 
by  their  order,  by  the  minister,  or  other  of- 
ficer, and  lodged  the  same  with  the  clerk 
of  the  located  society  wherein  such  person 
dwelt.  Some  disputes  having  arisen  re- 
specting the  form  and  validity  of  certifi- 
cates, and  a  jealousy  existing  that  an  un- 
due advantage  was  taken  of  the  law,  an 
act  was  passed  in  May,  1791,  directing 
that  certificates,  to  be  valid,  must  be  ap- 
proved of  by  a  justice  of  the  peace. 

This  law  excited  general  disapproba- 
tion, and  in  October,  1791,  an  act  was  pas- 
sed, authorizing  dissenters  to  make  certifi- 
cates, in  their  own  names,  and  lodge  them 
with  the  clerk  of  the  society,  in  the  limits 
of  which  they  lived,  which  should  exempt 
them  from  taxes,  so  long  as  they  ordinari- 
ly attended  public  worship,  in  the  society 
to  which  they  joined  ;  and  dissenting  soci- 
eties were  vested  with  a  power  to  tax 
themselves  to  support  ministers,  and 
build  and  repair  meeting-houses.  This 
was,  in  effect,  placing  all  denominations  on 
the  same  footing;  for  after  this,  there  was 
no  attempt  to  tax  those  who  had  lodged 
certificates,  under  any  circumstances.  Yet 
there  was  a  nominal  distinction,  by  which 
one  denomination  was  obliged  to  lodge 
certificates  with  the  other ;  but  all  distinc- 
tion is  now  done  away,  by  the  constitution ; 
the  crime  of  heresy  is  unknown  to  our 
law  ;  all  denominations  of  Christians  are 
precisely  on  the  same  footing  ;  the  support 
of  the  ministers  of  religion  depends  on  the 
consent  and  voluntary  contribution  of  the 
people  ;  and  this  statute  is  intended  merely 
to  give  them  the  power  of  providing  for  its 
support,  in  such  manner  as  they  may  think 
proper.  Thus,  the  people  of  this  state,  in 
less  than  -two  centuries,  have  passed  from 
a  religious  establishment,  through  various 
changes,  to  perfect  freedom ;  and  it  may 
be  added,  that  these  changes  have  not 
broken  up  any  of  the  located  societies,  but 
public  worship  continues  to  be  duly  at- 
tended in  them  all. 


Title  94.     Societies.  433 

the  clerk  of  the  same,  or  if  there  be  no  clerk,  with  any 
other  officer  thereof,  a  written  declaration,  subscribed 
by  himself,  expressing  his  desire  and  intention  of  becom- 
ing a  member  of  such  society  or  congregation,  and  there- 
upon he  shall  become  a  member  thereof,  entitled  to  all 
the  privileges,  and  liable  to  all  the  duties  of  a  member, 
unless  a  majority  shall,  at  their  next  lawful  meeting, 
manifest  their  dissent  thereto. 

SECT.  3.  The  members  of  the  several  religious  socie-  Annual  meet- 
ties  and  congregations,  may  annually  meet,  some  time  in  in£- 
the  month  of  December,  or  at  any  other  time  they  shall 
judge  convenient,  at  the  usual  place  of  holding  meetings, 
or  at  such  place  as  they  shall  establish,  upon  warning  and 
notice  given,  at  least  five  days  before  such  meeting,  by  Notice,  how 
the  committee  of  the  society  or  congregation,  or  if  there  glvei 
be  no  committee,  by  the  clerk,  and  if  there  be  no  clerk, 
by  a  warrant  from  a  justice  of  the  peace,  upon  applica- 
tion of  five  or  more  members  of  the  society  or  congre- 
gation. 

SECT.  4.  And  the  members  of  such  societies  and  con- 
gregations, being  lawfully  assembled,  shall  have  power, 
at  their  annual  meetings,  to  appoint  a  clerk,   who  shall  Clerk 
take  the  oath  provided  by  law,  and  shall  make  entries  of 
all  the  votes  and  proceedings  of  the  society  or  congrega- 
tion, a  copy  of  which,  attested  by  him,  shall  be  legal  evi- 
dence in  all  courts ;  and  he  shall  continue  in  office  till 
another  be  chosen  and  sworn  in   his  room ;  also,  to  ap- 
point three  or  more  of  their  members  to  be  a  committee,  Committee, 
to  order  the  affairs  of  the  society,  for  the  year  ensuing, 
who  shall  adjust  and  settle  all  the  claims  on  the  society  Their  duties 
or  congregation,  and  draw  orders  on  the  treasurer  for  the  anc*  P°wers- 
payment  of  the  same ;  and  to  appoint  a  treasurer,  who  Treasurer, 
shall  receive  all  the  money  belonging  to  the  society  or 
congregation,  and  pay  over  the  same  to  the  order  of  the 
society  or  congregation,  and  render  his  account  therefor, 
when  required. 

SECT.  5.  The  members  of  religious  societies  and  con-  powers  of  re- 
gregations,  shall  have  power  to  hold  meetings,  when  their  ligious  socie- 
coucerns  render  it  necessary,  and  may  adjourn  the  same  ties  *n  lawful 
from  time  to  time ;  and  in  their  lawful  meetings,  shall  have 
power,  by  a  major  vote,  to  settle  ministers,  according  to 
the  usage  of  the  denomination  of  Christians  to  which  they 
belong ;  to   repair  their  meeting-houses  ;  to  make  such 
regulations  for  the  support  of  religious  worship  as  they 
may  think  proper ;  to  establish  the  times  and  places  of 
holding  their  meetings,  and  the  mode  of  warning  them  : 
and  to  appoint  committees,  or  agents,  to  carry  into  effect 
the  votes  and  orders  of  the  society  or  congregation,  as 
may  be  necessary. 

55 


434 


Title  94,     Societies. 


How  place  of 
erecting  meet- 
ing-house shall 
be  established. 


Power  of  tax- 
ation. 


Collectors. 


Committee  to 
make   out 
rate-bill. 


Warrant. 

Collection  of 
tax. 


Distress 
against  negli- 
gent collect- 
ors. 


Right  of  Tot- 
ing 


SECT.  6.  Auy  society  or  congregation  may,  by  a  vote  of 
two  thirds  of  the  members  present,  agree  to  build  a  new 
meeting-house,  and  to  establish  the  place  where  it  shall 
be  erected  ;  or,  if  they  judge  it  expedient,  may  apply  to 
the  county  court  in  the  county  where  such  society  or  con- 
gregation is  situated,  to  establish  the  place,  and  such 
county  court,  after  hearing  all  parties  concerned,  may 
appoint  and  fix  the  place  where  such  meeting-house 
shall  be  erected  ;  and  it  shall  not  then  be  lawful  to  erect 
it  in  any  other  place. 

SECT.  7.  All  societies  and  congregations  of  Christians 
may,  by  a  major  vote  of  the  members  present,  in  a  lawful 
meeting,  lay  a  tax  on  the  members  of  such  society  only, 
to  build  and  repair  meeting-houses,  to  provide  for  the 
annual  support  of  the  gospel  ministry,  and  to  defray  any 
other  expense  necessarily  incurred  in  the  proper  business 
of  such  society  or  congregation  ;  and  to  appoint  a  collect- 
or or  collectors,  to  collect  the  same  ;  and  every  collector, 
who  shall  refuse  to  serve,  shall  forfeit  and  pay  the  sum  of 
five  dollars  to  the  treasury  of  the  society  or  congregation, 
to  be  recovered  by  action  brought  in  the  name  of  the 
treasurer.  And  it  shall  be  the  duty  of  the  committee 
of  such  society  or  congregation,  to  make  out  a  rate-bill 
against  the  members,  containing  the  proportion  of  tax  for 
each  member  to  pay,  according  to  the  assessment  list  of 
the  state,  completed  next  previously  to  the  laying  of  the 
tax,  and  shall  apply  to  a  justice  of  the  peace  in  the  town 
or  county  for  a  warrant,  directed  to  the  collector  or  col- 
lectors, appointed  to  collect  such  tax,  authorizing  and 
requiring  him  or  them  to  levy  and  collect  the  same ; 
which  warrant  such  justice  of  the  peace  is  empowered 
and  required  to  grant.  And  it  shall  be  the  duty  of  such 
collector  or  collectors,  to  collect  such  tax,  and  pay  over 
the  same  to  the  treasurer  of  the  society  or  congregation  ; 
and  if  he  or  they  shall  fail  or  neglect  to  collect  it,  by  the 
time  appointed,  then  the  committee  of  the  society  or 
congregation,  shall  take  out  a  distress,  signed  by  a  justice 
of  the  peace,  who  is  hereby  empowered  to  grant  the 
same,  against  such  negligent  collector  or  collectors,  di- 
rected to  the  sheriff  of  the  county,  or  constable  of  the 
town,  commanding  him  to  collect  such  part  of  the  tax  as 
remains  due  and  unpaid  from  said  collector  or  collectors, 
and  to  pay  it  over  to  the  treasurer  of  such  society  or 
congregation.. 

SECT.  8.  The  lawful  members  of  each  society  or  con- 
gregation, of  the  age  of  twenty-one  years,  shall  have  a 
right  to  vote  in  the  meetings  of  the  same ;  and  if  any 
person,  not  a  member  of  the  society  or  congregation, 
shall  intermeddle  or  vote  in  any  meeting  thereof,  he  shall 


Titk  94.     Societies.  435 


forfeit  and  pay  the  sum  of  two  dollars  and  fifty  cents,  for 
every  such  offence,  one  half  to  the  complainant  who  right 
shall  prosecute  the  same  to  effect,  and  the  other  half  to 
the  treasury  of  the  society  or  congregation,  where  the 
offence  is  committed. 

SECT.  9.  Every  society  or  congregation  shall  have  pow-  Power  to  pro- 
er  to  provide  for  the  support  of  public   worship,  by  the  ^de  tor  sup- 
rent  or  sale  of  the  pews  or  slips  in  the  meeting-house,  w°0rrshippu 
by  the  establishment  of  funds,  or  in  any  other  mode  they 
may  judge  expedient. 

SECT.  10.   Upon  the  refusal,  death  or  removal  of  any  Vacancies, 
officer  of  a  society  or  congregation,  a  meeting  may  be  how  supplied. 
called  in  the  manner  prescribed  by  law,  and  the  vacant 
place  be  supplied  by  a  new  choice. 

SECT.  11.  When  there  are  any  lands,  money,  or  other  Estate  given 
estate,  granted,  given  or  sequestered,  according  to  ancient  fofr*^e  ^^  rt 
custom,  usage  or  practice,  or  shall  be  hereafter,  given,  try5  may  be 
granted  or  sequestered  for  the  use  and  support  of  the  held  and  man- 
ministry,  in  any  society  or  congregation  in  the  state,  then  a£ed'  . 
a  committee  appointed  by  such  society  or  congregation,      ^ 
(which  committee  they  are  empowered  to  appoint)  shall 
have  power  to  demand,  recover  and  receive,  and  take 
care  of  all  such  lands,  money  or  estate,  for  the  use  of 
the  ministry,  according  to  the  true  intent  of  such  grants, 
donations  and  sequestrations,  and  shall  be  accountable 
for  the  profit  and  interest  thereof  to  such  society  or  con- 
gregation ;  and  the  committee  aforesaid,  or  the  major 
part  of  them,  may  make  all  necessary  contracts,  and 
commence  and  prosecute  to  final  judgment,  any  suit  or 
suits,  which  may  be  necessary  for  the  purpose  aforesaid. 
And  such  committee  as  shall,  from  time  to  time,  come  in 
the  room  of  others,  removed  by  death  or  otherwise,  shall 
have  the  same  power  to  enforce  any  contracts,  and  to 
commence  and  prosecute  any  suit  for  the  matters  afore- 
said, as  fully  as  those  whom  they  succeeded  in  office 
could  have  done,  if  not  removed. 

SECT.  12.  When  any  society  is  constituted  of  two  or  inwhat  case 
more  adjoining  towns,  so  that  part  of  the  society  in  any  part  of  a  so- 
such  towns  have  distinct  interests  in  any  grants,  donations  ciety  sha11 
or  sequestrations  for  the  support  of  the  ministry,  then  e 
such  part  of  the  society  shall  have  the  same  power,  and  ty. 
authority  to  manage  the  same,  as  is  hereby  given  to  socie- 
ties ;  and  may,  in  the  same  manner,  warn  meetings  of 
such  part  of  a  society  ;  may  appoint  a  clerk,  who  shall 
be  sworn  in  the  same  manner  ;  and  shall  have  the  same 
power,  and  may  appoint  a  committee  to  manage   and 
take  care  of  the  interests  aforesaid,  with  the  same  power 
and  authority  as  is  given  to  the  committees  of  societies, 


436 


Title  95.     Sptritous  L4qw>m. 


Christian 
belonging  to 
any  society, 
may  form 
themselves  in 
to  a  society. 


who  shall  be  accountable  for  the  rents  and  profits  of  the 
same,  in  the  same  manner. 

not  SECT.  13.  Christians  of  every  denomination,  not  be- 
longing to  any  particular  society  or  congregation,  shall 
have  power  to  unite  and  form  societies  or  congregations, 
in  such  manner  as  they  may  think  proper  ;  and  when  so 
associated,  such  societies  or  congregations  shall  have  all 
the  rights,  powers  and  privileges,  given  by  this  act  to  re- 
ligious societies  and  congregations. 

TITLE  95.     Spiritous  Liquors. 

An  Act  to  regulate  the  Selling  of  Spiritous  Li- 
quors. 


SECT 


Retailers  not 
to  sell  without 
a  licence. 


Meeting  of 
civil  authority 
to  approbate 
retailers. 


Oath  of  clerk. 


Form  of  li- 
cence- 


T>  E  it  enacted  by  the  Senate  and  House  of  Rep- 
'  1J  resentati-ces,  in  General  Assembly  convened, 
That  no  person  or  persons  shall  hereafter  sell,  directly  or 
indirectly,  any  wine,  or  any  distilled  spiritous  liquors,  for- 
eign or  domestic,  in  a  less  quantity  than  ten  gallons,  with- 
out first  having  obtained  a  licence  to  be  a  retailer,  in  the 
manner  hereafter  prescribed  in  this  act. 

SECT.  2.  It  shall  be  the  duty  of  the  civil  authority,  in 
each  town,  to  meet  on  the  first  Monday  of  January,  annu- 
ally, to  approve  of  proper  persons  to  be  retailers,  for  the 
year  next  ensuing  ;  and  when  so  met,  the  senior  justice 
present,  shall  be  chairman  of  such  meeting,  unless  some 
other  person  be  by  them  appointed ;  also,  to  choose  a 
clerk,  to  whom,  before  he  enters  on  the  duties  of  his  of- 
fice, shall  be  administered  the  following  oath  :  "  You  A. 
B.,  being  chosen  and  appointed  clerk  of  the  civil  authori- 
ty, in  the  town  of  ,  do  swear,  that  you  will  truly 
and  faithfully  execute  the  office  to  which  you  are  chosen 
and  appointed  ;  make  true  entries  of  the  proceedings  of 
the  civil  authority,  at  any  of  their  meetings  ;  account  for 
and  pay  over  all  monies  belonging  to  this  state,  received 
by  virtue  of  your  office  ;  and  perform  all  other  duties  in- 
cident to  your  appointment,  according  to  your  best  skill : 
So  help  you  Goc?." — Also,  to  lodge  with  such  clerk,  a  list 
of  persons  by  them  approbated,  certified  by  the  chairman, 
designating  the  place  where,  as  well  as  the  name  or  firm 
under  which  such  person  or  persons  desire  to  retail ; 
whereupon  said  civil  authority  shall  grant  a  licence  to 
such  retailer,  signed  by  their  clerk,  in  the  form  follow- 
ing : — "  Whereas  the  civil  authority  of  the  town  of  ,  in 
the  county  of  ,  in  the  state  of  Connecticut,  reposing 
special  confidence  in  the  integrity,  and  faithfulness  of 
,  to  support  the  laws  of  this  state,  for  the  suppression 


Title  95.     Spiritous  Liquors.  437 

of  an  improper  use  of  spiritous  liquors,  and  having  ap- 
proved of  the  said         according  to  law,  to  be  a  retailer 
of  the  same  :  We,  therefore,  do  give  licence  to  the  said 
to  be  a  retailer  of  wines  and  distilled  spiritous  liquors,  ac- 
cording to  the  laws  of  this  state,  at         ,  in  said  town  of 
,  until  the  second  Monday  of  January  next. — Giv- 
en under  my  hand,  this         day  of         .     Per  order,  C. 
D.,  Clerk."     For  which  licence  the  retailer  shall  pay 
twenty-five  cents,  and  the  same  shall  be  recorded  by  said 
clerk,  at  full  length,  in  a  book  provided  for  that  purpose. 
And  in  case  any  person  or  persons  desire  to  commence 
the  business  of  retailing  wines,  or  distilled  spiritous  li- 
quors, after  the  meeting  of  the  civil  authority,  on  the  first 
Monday  of  January,  application  may  be  made  to  the 
chairman  or  clerk  of  said  board,  whose  duty  it  shall  be  to 
call  a  special  meeting  of  said  authority,  at  the  expense  of  Special  meet- 
the  applicant  or  applicants,  a  majority  of  whom,  when  ing. 
met,  may  grant  licence  in  manner  aforesaid. — Provided 
however,  that  before  any  licence  be  granted  to  any  re- 
tailer, he  shall  pay,  on  each  licence,  to  the  clerk  before 
mentioned,  for  the  use  of  this  state,  a  sum,  at  the  rate  of 
five  dollars  per  annum,  to  be  computed  from  the  date  of  Duty  of  five 
said  licence,  to  the  second  Monday  of  January  then  next,  dollars  on  li- 
to  be  accounted  for  by  the  tenth  day  of  May,  annually,  C€ 
and  paid  over  to  the  treasurer  of  this  state,  in  the  same 
manner  as  is  provided  for  the  payment  of  duties  on  writs, 
in  civil  process. 

SECT.  3.  No  licence,  granted  in  pursuance  of  this  act,  No  person  to 
shall  be  so  construed  as  to  authorise  any  person  to  sell,  sell  liquors  u 
directly  or  indirectly,  any  wines  or  spiritous  liquors,  mix-  ^fsl^usV'^ 
ed,  or  unmixed,  to  be  drunk  in  his  or  her  house,  store, 
shop,  distillery,  or  in  any  other  place  or  dependencies. 

SECT.  4.  If  any  person  or  persons  shall  sell  or  retail 
any  spiritous   liquors,   contrary  to  the   true    intent  and  gelling  ^with- 
spiritofthis  act,  without  licence  as  aforesaid,  such  per-  out  licence. 
son  shall  forfeit  and  pay  the  sum  of  fifty  dollars — one 
half  to   him  who  shall  give  information,  and  the  other 
half  to  the  use  of  this  state. 

SECT.  5.  Nothing  in  this  act  contained  shall   be  con-  This  act  ndt 
strued  to  prevent  any  keepers  of  taverns,  inns,  or  houses  to  affecUav- 
of  public  entertainment,  duly  licenced  for  that  purpose,  er 
agreeably  to  the  laws  of  this  state,  from  vending,  to  be 
really  drunk  within  such  taverns,  or  houses  of  public  en- 
tertainment, any  wines   or  spiritous  liquors  as  before- 
mentioned. 

SECT.  6.  All  suits  and  actions,  grounded  on  this  act,  Duty  of  state'* 
shall  be  instituted  and  pursued,  by  the  attornies  for  the  attorney  to 
state,  in  their  respective  counties  ;  and  the  sums  recover-  pros 
ed,  exclusive  of  costs,  shall  be  paid,  one  moiety  to  the 


438  Title   96.     Mage-Drivers. 

Disposition      treasury  of  the  state,  and  the  other  to  the  person  who 
of  forfeitures.    shan  have  first  given  information  of  the  offence  to  the  at- 
torney ;  but  if  there  be  no  such  informer,  the  whole 
shall  be  paid  to  the  treasurer  of  the  state. 

TITLE  96.     Stage-Drivers. 

An  Act  for  the  regulation  of  Drivers  of  Stages 
and  other  Carriages. 

j      SjE  it  enacted  by  the  Senate  and  House  of  Rep- 
_D  resentatives,  in  General  Assembly  convened^ 

When  drivers  That  when  the   drivers  of  any  stages,  coaches,  waggons, 
ef  carnages       chaises,  sleighs,  cutters,   or  any  other  carriage  for   the 
proce'ed?W   '    conveyance  of  persons,  shall  meet  in  the  public   high- 
way, and  have  occasion  to  pass  each  other,  it  shall  be 
the  duty  of  each  to  turn  to   the  right,  so  as  to  give  the 
other  one  half  of  the  travelled  path,  if  practicable,  and 
to  slacken  their  pace,  so  as  to  give  each  other  a  fair  and 
equal  advantage  to  pass  :  and  if  any  driver  shall  be  guilty 
Penalty  for        of  a  breach  of  this  act,  he  shall  forfeit  the  sum  of  fifteen 
breach  of  this    dollars,  one  half  to  him  who  shall  prosecute  to  effect, 
and  the  other  half  to  the  treasury  of  the  town  where  the 
Drivers  re-       offence  is  committed  :  and  every  driver  shall  be  respon- 
f°      sible  to  the  Part^  injured>  for  a11  the  damage  occasioned 
by  his   refusing   to   conform  to   the   provisions  of  this 
act. 

When  driver,         SECT.  2.  If  any  driver  of  such  carriages  shall,  by  neg- 
by  negligence,    ligence  or  carelessness,  drive,  or  run  his  carriage  against 
injures  an-        another  carriage  or  horses  passing  the  highway,  and  con- 
other,  he  shall    c  ,,    a          .  .  /-j-u- 
pay  treble         forming  to  the  provisions  of  this  act,  and  cause  any  mju- 

damages;          ry  to  such  carriage,  or  any  person  in  it,  or  to  the  horses  ; 
or  shall  drive  or  run  his  carriage  against  any  person  tra- 
velling on  horse-back,  or  on  foot,  and  injure  him,  when 
such  person  is  not  guilty  of  any  blameable  conduct  to  oc- 
casion it ;  or  shall  overtake  any  carriage  travelling  the 
same  course,  and  drive  or  run  his  carriage  against  such 
carriage,  and  injure  the  same,  or  any  person  in  it,  or  the 
horses  ;  such  driver  shall  be  liable  to  pay  treble  damagee 
when  b    de      an(^  cos*s  *°  *ne  Party  injured.     And  every  driver,  who 
sign,  treble6      snaM  wilfully,  and  with  design,  commit  such  injury,  shall, 
damages,  and   in  addition  to  treble  damages  and  costs,  to  be  paid  to  the 
a  fine  not  ex-     party  injured,  forfeit  to  the  treasury  of  the  state,  a  sum 
hundml°dol-     no*  exceeding  one  hundred  dollars,  according  to   the 
lars.  nature  and  aggravation  of  the  offence.     And  the  owner 

Owners  liable    or  owners  of  any  stage,  or  other  carriage,  shall  be  liable 
recovered  to  Pa^  a11  ^e  damages  recovered  against  the  driver,  by 
virtue  of  this  act.  if  such  driver  is  unable  to  pay  the 


Title  97.     Strays.  439 

same,   to  be  recovered  by  writ  of  scire-facias,  before  against  dri- 
any  court  proper  to  try  the  same. 

SECT.  3.  When  any  carriage  of  the  above  description, 
shall  meet  or  overtake  a  team  in   the  public  highway,  Teamsters  to 
and  shall  have  occasion  to  pass  the  same,  it  shall  be  the  flv®  SJJJJtj*" 
duty  of  the  teamster,  when  necessary  and  practicable,  to  pass.     ' 
to  turn  his  team  so   far  on   one  side  of  the  road,  as  to 
give   such  carriage  an  opportunity   to  pass  by   it ;  and 
every  teamster,  who  shall  be  guilty  of  a  breach  of  this 
act,  shall  forfeit  seven  dollars,  one  half  to  him  who  shall  penaity  for 
prosecute  to  effect,  and  the  other  half  to  the  treasury  of  breach, 
the  town  where  the  offence  is  committed. 


TITLE  97.     Strays. 
An  Act  relating  to  Stray  Beasts  and  Lost  Goods. 

"J"jE  it  enacted  by  the  Senate  and  House  of  Repre- 
CT*   ' fj   scntatives,  in    General  Assembly  convened, 
That  whenever  any  person  shall  find  any  stray  beast,  in  a  ^  ^asts  or 
suffering  condition,  or  any  lost  goods,  of  the  value  of  fif-  iost  goods,  to 
ty  cents,  he  may  take  the  same  into  his  possession,  and  inform  the 
shall  immediately  inform  the  owner  thereof,  if  known;  owner: 
and  if  the  owner  thereof,  be  not  known,  and  the  value  of 
such  beast  or  goods,  be  not  greater  than  five  dollars,  the 
finder,  or  keeper  thereof,  shall,  within  fourteen  days,  af- 
ter taking  such  beast  or  goods  into  his  possession,  cause  a  ^nd ' 
description  of  such  beast  or  goods,  with  the  natural  and  be^e^tered0 
artificial  marks  thereof,  and  the  place  where  the  same  by  the  town- 
were  found,  and  by  whom  kept,  to  be  registered  by  the  c'erk » 
town-clerk  of  the  town,  wherein  the  said  beast  or  goods 
shall  have  been  found  ;  but  if  the  value  of  such  beast  or 
goods,  be  greater  than  five  dollars,  the  finder  or  keeper 
thereof,  shall,  within  the  time  aforesaid,  cause  a  descrip- 
tion thereof,  as  aforesaid,  to  be  inserted  in  a  newspaper,  or  advertised 
printed  in  a  town  nearest  the  place  where  such  beast  or  in»  news-pa- 
goods  shall  have  been  found  ;  and  if  any  person,  who  shall  1>6r' 
find,  or  take  such  beast  or  goods  into  his  possession,  shall 
not  inform  the  owner  thereof;  or  cause  a  register  or  ad- 
vertisement thereof  to  be  made,  as  aforesaid;  he  shall  for-  Penalty, 
feit  the  value  of  such  beast  or  goods,  one  half  to  him  who 
shall  complain  of  and  prosecute  the  said  finder  or  keeper 
to  effect,  and  the  other  half  to  the  treasury  of  the  said 
town.  Owner  claim- 

SECT.  2.  And  if  the  owner  of  such  beast  or  goods  shall,  inSin  six 
within  six  months,  after  such  information,  or  registering, 
er  advertising,  appear  and  make  good  his  title  or  claim,  to  tion  ; 


44$  Title  98.     Surveyors. 

such  beast  or  goods,  he  shall  have  restitution  thereof,  up- 
on paying  to  the  tinder  or  keeper,  all  proper  charges 
about  the  same,  to  be  assessed,  when  the  owner  and  tind- 
er or  keeper,  cannot  agree,  by  any  justice  of  the  peace, 
qualified  to  judge  between  the  parties. 

•therwise,  to  SECT.  3.  And  if  no  owner  shall  appear,  within  the  said 
be  appraised.  six  months,  when  such  beast  or  goods  shall  have  been 
registered,  or  advertised  as  aforesaid,  the  town-clerk,  or 
a  justice  of  the  peace,  shall  then  appoint  two  judicious, 
disinterested  persons,  who  shall,  under  oath,  appraise 
such  beast  or  goods,  according  to  the  then  just  and  true 
value  thereof,  in  money. 

Owner  ap-  SECT.  4.  And  if  the  owner  shall  appear,  within  six 

pearing  in  six  months  after  such  appraisement,  and  make  good  his  right 
months  after,  o  c]ajm  to  such  beast  or  goods,  and  pay  all  proper  charg- 
to  have  goods,  .  r  Jr  r  •  ,r  S, 

&c.  ortheval-  es  about  the  same,  to  be  assessed  as  aforesaid,  he  shall 
ue.  have  restitution  of  the  same,  or  the  value  thereof,  accord- 

ing to  said  appraisement,  at  the  election  of  the  finder,  or 
keeper. 

No  owner  ap-        SECT.  5.  And  if  no  owner  shall  appear,  within  twelve 
pearing  in        months,  and  a  day,  after  the  registering,  or  advertising  of 
months,  goods,  sucn  beast  or  gooa>s?  as  aforesaid,  the  value  thereof,  ac- 
&c.  how  dig-     cording  to  said  appraisement,  after  all  proper  charges  are 
posed  of.          deducted,  shall  belong  to  the  treasury  of  the  town  where 
such  beast  or  goods  shall  have  been  found  ;  and  the  se- 
lect-men of  such  town,  are  hereby  empowered  to  recov- 
er and  receive  the  same,  for  the  use  of  said  town. 
Goods,  &c.  to       SECT.  6.  If  the  finder  or  keeper  of  such  stray  beast  or 

be  at  the  lostgoods.  shall  be  faithful  in  taking  care  of  the  same,  such 
nsque  oi  own-  ,  JLIII  i  •  />  ±\  ir 

erg,;  beast  or  goods  shall  be  at  the  risque  of  the  owner  thereof. 

during  the  six  months,  next  after  the  same  shall  have  been 
informed  of,  or  registered,  or  advertised,  as  aforesaid. 

TITLE  98.     Surveyors. 
An  Act  for  the  appointment  of  Surveyors. 

E  it  enacted  by  the  Senate  and  House  of  Rep- 
resentativcs,  in  General  Assembly  convened, 
Surveyor-gen-  That  a  surveyor-general  shall  be  appointed,  by  the  gene- 
eral  -,  ral  assembly,  whose  duty  it  shall  be  to  superintend  the 

surveying  of  land  in  this  state,  according  to  the  provis- 
ions of  this  act,  and  who  shall  have  power  to  appoint  a 
who  may  ap-    deputy  in  each  county,  except  that  to  which  he  belongs, 
point  deputies.  for  the  purpose  hereinafter  mentioned. 

SECT.  2.  The  surveyor-general,  and  his  deputies,  shall. 
Their  duty  to  a*  a^  t*mes5  have  and  keep  a  field  compass,  on  the  im- 
keep  standard  proved  plan  of  the  Rittenhouse  compass,  for  a  standard 


Title  98.     Surveyors.  441 

compass,  in  their  respective  counties  ;  and  they  shall  ex-  compass,  and 
arni'ie  all  compasses  presented  to  them,  by  any  county-  Bealothers- 
survivor,  in  their  respective  counties,  by  such  standard 
compos,  or  otherwise,  and  shall  seal  such  as  are  found 
esse:Uiai!y  correct,  with  the  capital  letter  C.  and  that 
which  begins  the  name  of  the  county  ;  and  if  any  county- 
surveyor  shall  use  any  compass,  which  shall  not  have 
been  examined,  and  sealed  as  aforesaid,  or  any  chain 
that  shall  not  have  been  examined  and  sealed,  according 
provisions  of  the  statute,  entitled,  "  An  Act  pre- 
scribing and  regulating  Measures,"  shall  be  liable  to  a 
penalty  of  tive  dollars  ;  one  half  to  him  who  shall  pros- 
ecuce  to  effect,  and  the  other  half  to  the  town,  where  the 
offence  is  committed.  And  the  surveyor-general,  or  his 
deputy,  who  shall  neglect  his  duty  herein,  shall  be  liable 
to  the  like  penalty,  to  be  recovered  and  .applied  in  the 
same  manner. 

SECT.  3.  The  Bounty  courts,  in  their  respective  coun-  County  sur- 
ties,  shall  appoint  one  or  more  persons  in  each  county,  veyors. 
to  be  a  county-surveyor,  or  surveyors,  who  shall  have  Their  power, 
power  to  lay  out  lands,  to  renew  the  bounds  of  lands  al- 
ready laid  out,  according  to  their  original  grants,  to  run 
lines,  to  survey  and  measure  land,  and  to  do  any  other 
service  proper  for  a  surveyor  to  do  ;  and  who  shall  take 
the  oath  prescribed  by  law- :  Provided,  that  no  person 
shall  be  appointed  a  county  surveyor,  unless  he  produce 
a  certificate  from  the  surveyor-general,  or  his  deputy, 
within  the  county,  that  he  is  duly  qualified,  in  point  of 
science,  in  the  art  of  surveying  lands,  in  the  most  approv- 
ed method  :  and  the  surveyor-general,  and  his  deputies, 
shall  be  entitled  to  one  dollar  for  their  services,  from 
those  who  employ  them,  to  examine  and  certify  their  sci- 
ence in  surveying,  and  to  examine  and  seal,  or  condemn, 
their  field  compasses,  as  in  this  act  required. 

SECT.  4;  The  surveyor-general  shall  have  power,  as  Powers  of 
a  public  officer,  to  survey  land  in  any  county  in  the  state  ;  surveyor-gen- 
and  the  deputy-surveyors,  and  county  surveyors,  in  the  deputies.^8 
county  for  which  they  are  respectively  appointed;  and 
each  of  them  shall  be  entitled  to  one  dollar  and  fifty  cents  ^pem 
per  day,  for  their  services,  besides  their  expenses. 

SECT.  5.  It  shall  be  the  duty  of  the  surveyor-general  to  Surveyor-gen- 
give  his  aid,  assistance,  and  counsel,  in  solving  all  doubts  eral  to  solve 
and  questions,  that  may  arise  in  practice,  between  any  questi.ons  of 
two  or  more  surveyors,  according  to  the  rules  of  the  art ;  prat 
for  which  service  he  shall  be  entitled  to  two  dollars  per 
day,  from  those  who  employ  him. 

SECT.  6.  Whenever  any  surveyor  is  employed  in  sur-  Surveyors 
veying  lands,  in  laying  out  lands,  in  renewing  lost  bound-  mt^  0^t™to 
aries,  in  running  lines,  or  doing  any  service  in  his  office,  chain-men. 
56 


442 


Title  99.      Taverns. 


and  there  shall  be  occasion  to  employ  men  to  carry  the 
chain,  such  chain-men  shall  take  the  oath  prescribed  by 
law  ;  and  such  surveyor  shall  have  power  to  administer 
the  same. 

May  pass  on  SECT.  7.  When  a  surveyor  is  called  out  to  run  any  line 
the  lands  of  between  adjoining  proprietors,  and,  in  order  to  find  the 
others,  and  not  course5  from  bound  to  bound,  he  is  obliged  to  run  a  ran- 
trespass.  dom  line,  to  find  the  certain  and  true  course,  and,  in  so 

doing,  runs  on  the  land  of  adjoining  proprietors,  such 
surveyor  shall  not  be  deemed  guilty  of  a  trespass,  in  so 
running  such  random  line,  but  may  lawfully  do  the  same; 
provided  it  be  done  in  the  months  of  March,  April,  Octo- 
ber or  November. 

TITLE  99.     Taverns. 

An  Act  for  Licencing  and  Regulating  Taverns, 
and  Suppressing  unlicenced  Houses. 

irmE  it  enacted  by  the  Senate  and  House  of  Rep - 
CT*  '  MJ  resentatives,  in  General  Assembly  convened, 
How  tavern-  That  the  civil  authority,  select-men,  constables  and 
keepers  shall  grand-jurors,  in  the  several  towns  in  the  state,  shall  con- 
vene, some  time  in  the  month  of  January,  annually,  and 
shall,  by  their  major  vote,  nominate  such  person  or  per- 
sons, as  they  shall  judge  fit  and  suitable,  to  keep  an  house 
or  houses  of  public  entertainment,  in  such  town,  for  the 
year  ensuing.  And  if  any  of  the  persons,  so  nominated, 
shall  die,  or  refuse  to  take  out  licence,  or  be  denied  li- 
cence by  the  county  court,  or  shall  remove  from  the 
town,  or  be  legally  suspended,  and  the  civil  authority  and 
other  officers,  shall  judge  it  to  be  matter  of  public  .con- 
veniency  and  necessity,  to  add  to  the  number  nominated 
in  January,  they  may,  at  any  other  time  within  the  year, 
convene,  and,  by  their  major  vote,  nominate  any  suitable 
person  or  persons,  for  that  purpose  ;  which  nomination, 
certified  under  the  hands  of  a  majority  of  the  civil  author- 
ity and  select-men,  in  such  town,  shall  be  transmitted  by 
them  to  the  next  county  court  in  the  county ;  which  court 
shall  grant  licences  to  such  and  so  many  of  such  persons 
as  they  shall  judge  to  be  suitable  and  necessary  to  keep 
houses  of  public  entertainment,  and  to  no  others ;  and 
shall  take  a  bond  to  the  treasurer  of  the  county,  in  the 
sum  of  seventy  dollars,  from  every  person  to  whom  li- 
cence shall  be  granted,  for  the  due  observance  of  all  the 
laws,  that  are  or  shall  be  made  respecting  tavern-keep- 
ers, or  houses  of  public  entertainment.  Which  licences, 
granted  to  persons  nominated  in  January,  shall  be  in 


Title  99.     Taverns.  443 

torce  for  one  year,  and  no  more  ;  and  the  licences  grant- 
ed to  persons  nominated  at  a  subsequent  time,  shall  ex- 
pire at  the  same  time  as  those  granted  to  persons  nomi- 
nated ia  January. 

SECT.  2.  No  licenced   tavern-keeper  shall  suffer  mi-  Not  to  suffer 
nors,  apprentices,  or  servants,  to  sit  drinking  in  his  house,  minors  to  sit 
or  to  have  any  spiritous  liquors,  on  pain  of  forfeiting  one  drinking  m 
.    . .        ,,  i       /r  their  houses. 

dollar  for  every  such  offence. 

SECT.  3.  No  licenced  tavern-keeper,  shall  suffer  any 
of  the  inhabitants  of  the  town  to  sit  tipling,  or  drinking  to 
excess,  in  his  house,  or  any  of  its  dependencies,  on  penal- 
ty of  one  dollar,  for  every  such  offence. 

SECT.  4.  No  licensed  tavern-keeper  shall  sell  to  any  Not  to  sell  li- 
persons,  any  spiritous  liquors,   on  the  Lord's  day,  (ex-  W™ •JJg; 
cept  to  strangers  and  boarders,)  nor  permit  any  persons  at  their  houses, 
to  meet  in  company  or  companies,  at  his,  house,  on  the  cm  Lord's  day. 
Lord's  day,  or  any  fast  day,  on  penalty  of  seven  dollars, 
for  every  such  offence. 

SECT.  5.  No  licenced  tavern-keeper  shall  keep  in  his  Not  to  keep 
house,  or  any  of  its  dependencies,  any  cards,  dice,  tables,  implements  of 
billiards,  or  other  implement,  used  in  gaming  ;  nor  suffer  fo  suffer^t*^ 
any  person  to  play  at  such  games,  or  any  unlawful  game, 
in  his  house,  or  its  dependencies;  on  pain  of  forfeiting 
seven  dollars,  for  every  such  offence  ;  and  the  forfeitures 
aforesaid,  shall  be  to  the  treasury  of  the  town  where  the 
offence  is  committed. 

SECT.  6.  It  shall  be  the  duty  of  the  civil  authority  and  Civil  authori- 
select-men,  to  inspect  the  conduct  of  the  tavern-keepers,  in  tv  and  select- 
their  respective  towns;  and  when  it  shall  appear  to  them,  mon'ishtavern- 
by  their  own  observation,  or  the  information  of  others,  that  keepers. 
any  tavern-keeper  does  not  duly  observe  the  laws  regu- 
lating houses  of  public  entertainment,  but  suffers  drink- 
ing, gambling,  disorders,  and  irregularities  to  be  practis- 
ed, contrary  to  law,  they,  or  a  major  part  of  them,  may 
cite  such  tavern-keeper  to  appear  before  them,  and  ex- 
amine him  with  regard  to  the  matters  aforesaid,  by  any 
proper  evidence ;  and  if  they  find  him  in  fault,  they  may  ad- 
monish him  to  refrain  from  such  misconduct,  on  pain  that 
his  licence  shall  be  vacated:  and  if  such  tavern-keeper 
shall  disregard  such  admonition,  and  persist  in  his  disobe- 
dience to  the  law,  such  civ  il  authority  and  select-men,  or 
a  major  part  of  them,   may  revoke  and  set  aside  his  li-  May  revoke 
cence  ;  and  shall  cause  a  copy  of  such  revocation,  under  licence. 
their  hands,  to  be  left  with  such  tavern-keeper,  and  to  be 
posted  on  the  public  sign-post  in  said  town  ;  upon  which 
he  shall  no  longer  have  right  to  keep  a  house  of  public 
entertainment:  Provided,  that  such  tavern-keeper  shall  Right  of ap- 
have  a  right  to  appeal  to   the  next  county  court,  in  the  peal' 
county,  who,  after  due  enquiry  into  the  facts,  may  set 


444 


Title  100.      Taxes. 


No  person  to 
keep  tavern, 
without  li- 
cence. 


Penalty. 


aside,  or  confirm  such  revocation,  as  to  them  shall  appear 
just  and  proper. 

SECT.  7.  No  person  or  persons,  except  such  as  are  du- 
ly licenced  to  keep  houses  of  public  entertainment,  ac- 
cording to  the  provisions  of  this  act,  shall  be  a  common 
victualler,  or  tavern-keeper,  or  shall  sell,  to  be  drunk 
within  his  or  her  house,  shop,  or  dependencies,  or  suffer 
there  to  be  drunk,  when  by  him  or  her  sold,  any  metheg- 
lin,  wine,  rum,  brandy,  gin.  or  other  strong  liquor,  on 
penalty  of  forfeiting  and  paying  the  sum  often  dollars,  for 
the  first  offence,  and  the  sum  of  twenty  dollars,  for  the 
second  offence,  and  so  double  for  every  breach  of  this 
act,  of  which  he  or  she  shall  be  convicted,  one  half  to 
him  who  shall  prosecute  to  effect,  and  the  other  half  to 
the  treasury  of  the  town  where  the  offence  is  committed. 
And  no  person  shall  buy  and  drink  any  metheglin,  wine, 
rum,  brandy,  gin,  or  other  strong  liquor,  in  any  house, 
shop,  or  dependence,  of  any  person  not  duly  licenced  to 
keep  a  house  of  public  entertainment,  upon  the  same  pen- 
alty as  is  inflicted,  for  selling  liquors,  by  this  act.  And 
ft  snau  De  fae  duty  of  constables,  and  all  informing  offi- 
tmentf  cers>  *°  make  presentment  of  all  breaches  of  this  act, 
aches  of  in  which  case  the  whole  penalty  shall  belong  to  the  treas- 
this  act.  ury  Of  the  town.  And  all  presentments  or  actions,  for 

the  first  offence,  against  this  act,  may  be  heard  and  de- 
termined, by  a  justice  of  the  peace. 

TITLE  100.     Taxes. 


Informing  offi- 
cers to  make 


CHAP.  I. 

An  Act  for  the  Assessment  of  Taxes. 


Towns  to  ap- 
point assess- 
ors, annually. 


Their  duty. 


B 


it  enacted-by  the  Senate  and  House  of  Rep- 
*JLB  resentativesi  in  General  Assembly  convened, 
That  the  select-men  of  each  town  in  the  state,  shall  warn 
a  town-meeting,  to  be  held  on  or  before  the  first  Monday 
in  October,  in  each  year,  at  which  meeting,  one  or  more 
judicious  electors,  not  exceeding  five,  shall  be  chosen  as- 
sessors, whose  duty  it  shall  be  to  receive  the  lists  of  the 
inhabitants  of  the  town,  containing  all  their  taxable  prop- 
erty, and  make  the  assessments  and  valuations,  by  law 
required.  The  assessors,  so  chosen,  shall,  by  posting  no- 
tice on  the  sign-posts  of  their  respective  towns,  or  by 
publishing  the  same  in  some  news-paper,  printed  in  the 
town  to  which  they  belong,  require  of  all  persons,  liable 
to  pay  taxes,  in  their  respective  towns,  at  least  five  days 
before  the  twentieth  day  of  October  annually,  written  or 
printed  lists,  of  all  taxable  property  belonging  to  such 


Title  100.     Taxes.  445 

persons,  on  the  first  day  of  said  October,  with  the  particu- 
lars of  all  property,  real  and  personal,  liable  to  be  assess- 
ed and  valued  ;  and  the  assessors  shall  obtain  such  other 
information,  by  viewing  the  premises,  or  otherwise,  as 
may  be  deemed  expedient  and  necessary,  to  amend,  add 
to,  and  fill  up  said  lists.     And  in  case  any  person,  liable 
to  pay  taxes,  shall,  after  notice  given  as  aforesaid,  neglect 
or  refuse  to  give  or  send  to  the  assessors,  a  written  or 
printed  list  of  all  his  taxable  property,  on  or  before  the 
twentieth  day  of  said  October,  it  shall  be  the  duty  of  said 
assessors  to  fill  out  a  list  for  such  person  so  neglecting  or 
refusing,  at  three-fold  the  rate  percent  or  amount  that  the 
taxable  property   of  such  person  would  otherwise  have 
been  rated.     And  when  the  lists  of  any  town  are  so  re- 
ceived, or  made  by  the  assessors,  it  shall  be  their  duty  to 
value  and  equalize  the  property  liable  to  be,  assessed,  and 
to  make  other  assessments  by  law  required,  and  arrange 
said  lists  in  alphabetical  order,  make  out  an  abstract  there- 
of, and  lodge  the  same  in  the  town-clerk's  office  of  said 
town,  by  the  first  day  of  December,  in  each  year ;  and  the 
town-clerk  shall  exhibit  said  lists  and  valuations,  to  the  in- 
spection of  every  person  liable  to  pay  taxes,  when  there- 
to requested.     The  several  towns  in  the  state  shall,  also,  goar(j0fre. 
at  the  town-meetings  aforesaid,  elect  a  board  of  relief,  to  ]jef. 
consist  of  not  more  than  five  judicious  electors,  who  shall  Theirduty 
meet  on  or  before  the  first  Monday  of  January,  in  each 
year,  having  given  ten  days'  notice,  atleast,  of  the  time  and 
place  of  such  meeting,  by  posting  the  same  on  the  public 
sign-post  in  such  town,  or  by  publishing  notice  in  some 
public  news-paper,  printed  in  the  town  to  which  the  said 
board  shall  belong  ;  and  shall  hear  and  determine  all  ap- 
peals to  them  made  from  the  doings  of  the  assessors,  and 
shall  equalize  and  adjust  the  valuations  and  assessment 
lists  of  their  respective  towns,  whether  appeals  are  made, 
or  not,  from  the  doings  of  said  assessors  ;  and  said  board 
of  relief,   in  equalizing  and  adjusting  the  lists  aforesaid, 
may  increase  or  reduce  the  list  of  any  person  ;  but  be- 
fore they  proceed   to  increase  the  list    of  any  person, 
they  shall  notify  him,  or  leave  a  written  notice  at  his  last 
usual  place  of  residence,  two  days  at  least,  before  in- 
creasing his  list,  to  appear,  and  shew  cause,  if  any  he  have, 
why  his  list  should  not  be  increased.    And  the  town-clerk  DutJ  °f  town 
of  each  town  shall,  after  said  lists  have  been  received,  ex-  clerk- 
amined  and  corrected,  by  the  board  of  relief,  transmit,  by 
mail,  or  otherwise,  an  abstract  of  said  lists  to  the  comp- 
troller, by  the  first  day  of  March,  in  each  year  ;  which 
abstract  shall  be  made  out  agreeably  to  a  form  to  be  fur- 
nished by  the  comptroller,  to  the  several  town-clerks. 
And  the  comptroller  hereby  is  required  to  furnish  blank 
forms  to  the  several  town-clerks,  on  or  before  the  first 


14t> 


Title  100.      Taxes. 


Penalty  for 
neglect. 

Estate  to  be 
valued. 

Dwelling- 
houses. 


Lands. 


Manufacto- 
ries. 


Lands  seques- 
tered for  pub- 
lic use. 


Horses  and 
mules. 

Stallions. 


Neat  cattle. 
JA~£  t'Kf  tff 

Plate  and 
plated- ware. 

Clocks, 
watches,  and 
time-pieces. 


of  January,  in  each  year,  of  the  returns  required  of  the 
town-clerks  to  be  made  to  him  as  aforesaid.  And  if  any 
town-clerk  shall  neglect  to  transmit  an  abstract  of  said 
lists  to  the  comptroller,  by  the  time  aforesaid,  he  shall 
forfeit  and  pay  to  the  treasurer  of  the  state,  the  sum  of 
fifteen  dollars,  to  be  recovered  before  any  court,  proper 
to  try  the  same. 

SECT.  2.  And  all  real  and  personal  property  shall  be 
valued,  and  set  in  the  list,  as  follows,  to  wit  :  Dwelling- 
houses,  with  the  buildings  and  lots  appurtenant  thereunto, 
not  exceeding  two  acres,  in  any  case,  shall  be  valued  at 
the  rate  which  each  separate  dwelling-house  aTftl  lot, 
with  the  appurtenances  thereof,  are  worth  in  money,  and 
with  due  regard  to  the  situation,  use  and  income  thereof, 
whether  occupied  by  the  owner,  or  leased  ;  and  shall  be 
set  in  the  list  of  the  owner,  at  two  per  cent  of  such  value. 

Lands  and  separate  lots  (excepting  house-lots  as  afore- 
said) shall  be  valued  and  assessed  by  the  acre,  at  such 
average  rate  as  each  entire  tract  or  lot  is  worth  in  money, 
with  reference  to  the  advantages  of  soil,  situation  and 
income  ;  and  shall  be  set  in  the  list,  at  three  per  cent  of 
such  value. 

Mills,  stores,  distilleries  and  buildings,  with  their  im- 
provements, used  for  manufactories  of  all  kinds,  shall  be 
valued  with  respect  to  situation,  and  present  income  ;  and 
set  in  the  list,  at  three  per  cent  of  such  value. 

Lands  and  dwelling-houses,  with  the  appurtenances 
thereof,  which  have  heretofore  been  granted  or  seques- 
tered for  the  use  of  schools,  or  other  public  or  pious  uses, 
and  which  have  been  leased  or  let  for  terms  of  time  not 
yet  expired,  at  rents  merely  nominal,  shall  be  valued  and 
assessed  at  such  rate  and  proportion,  as,  regarding  the 
duration  of  the  lease,  the  rent  now  actually  paid  and 
applied  to  such  public  uses,  bears  to  the  whole  actual 
value,  according  to  the  rules  applicable  in  other  cases, 
as  prescribed  in  this  act  ;  and  shall  be  set  in  the  list,  at 
three  per  cent  of  such  value. 

All  horses,  asses  and  mules,  one  year  old,  or  more,  shall 
be  valued,  and  set  in  the  list  at  ten  per  cent  of  such  val- 
ue. Each  stallion,  two  years  old,  shall  be  set  in  the  list 
at  twenty-five  dollars  ;  and  each  stallion,  three  years  old, 
or  more,  shall  be  set  in  the  list  at  fifty  dollars. 

Neat  cattle  one  year  old,  or  more,  shall  be  valued,  and 
set  in  the  list,  at  six  per  cent  of  such  value. 

Silver  plate,  except  spoons,  and  silver-plated  ware, 
shall  be  valued,  and  set  in  the  list,  at  twenty-five  per 
cent  of  such  value. 

Clocks,  watches  and  time-pieces  shall  be  valued,  and 
set  in  the  list,  at  fifty  per  cent  of  such  value. 


Title  100.     Taxes.  447 

Each  coach,  chariot,  phaeton,  coachee,  curricle,  chair,  Carriages, 
chaise,  gig  or  sulkey,  shall  be  valued,  and  set  in  the  list, 
at  twenty-five  per  cent  of  the  value  thereof,  and  every 
other  carriage  or  waggon,  drawn  by  one  or  more  horses, 
excepting  only  such  as  are  exclusively  used  on  farms,  or 
for  the  transportation  of  the  produce  thereof  to  market, 
or  for  the  transportation  of  goods,  wares  and  merchand- 
ize, shall  be  valued,  and  set  in  the  list,  at  fifteen  per  cent 
of  the  value  thereof:  provided,  that  no  carriage  or  wag- 
gon shall  be  set  in  the  list,  which  does  not  exceed  twenty 
dollars  in  value. 

Stock  in  any  turnpike  company,  that  nets  six  per  cent, 
shall  be  set  in  the  list  at  six  per  cent,  of  the  value  of  such 

StOCk. 

The  owner  or  owners  of  stock  in  any  bank,  or  insur-  Bank  and  in- 
ance  company,  in  this  state,  whether  such  owners  reside  surance  stock. 
in  this  state  or  elsewhere,  and  the  owner  or  owners  of 
any  stock  in  any  bank  or  insurance  company,  in  any  of 
the  United  States,  such  owner  or  owners  residing  in  this 
state,  shall  be  taxed  therefor,  and  such  stock  shall  be 
valued,  and  set  in  the  list,  at  six  per  cent  of  such  value  ; 
provided  it  is  not  taxed  in  the  state  where  such  bank  or 
insurance  company  is  situated.  And  the  cashiers  of  the  Cashiers  to  in  - 
several  banks,  and  the  secretaries  and  clerks  of  the  sev-  form, 
eral  insurance  and  turnpike  companies,  established  in  this 
state,  shall,  by  the  twelfth  day  of  October,  annually,  hav- 
ing been  previously  thereto  requested,  inform  by  mail,  or 
otherwise,  the  assessor  or  assessors  of  every  town  in  this 
state,  where  the  stock  in  such  bank  or  company  may  by 
law  be  liable  to  be  taxed,  the  amount  of  such  stock  liable 
to  be  taxed  in  such  town,  with  the  amount  of  such  stock 
set  to  the  name  of  each  owner  01  owners  on  the  books  of 
such  bank,  or  insurance,  or  turnpike  company,  on  the 
first  day  of  October,  annually  :  and  if  any  cashier,  secre-  Penalty  for  re- 
tary  or  clerk,  shall  neglect  or  refuse  to  furnish  such  in-  fusal- 
formation,  he  shall  forfeit  and  pay  to  the  treasurer  of  each 
town  where  said  stock  is  liable  to  be  taxed,  whose  assessor 
or  assessors  shall  not  be  so  informed,  the  sum  of  fifty  dol- 
lars, to  be  recovered  in  an  action  of  debt,  in  the  name  of 
the  town-treasurer.  The  stock  belonging  to  persons  not 
residing  in  this  state,  in  any  bank,  insurance  or  turnpike 
company,  shall  be  taxed  as  other  similar  estate  ;  and  the 
amount  of  all  county,  town,  and  society  taxes  arising  on 
such  non-resident's  estate,  shall  be,  by  the  several  col- 
lectors, paid  to  the  treasurer  of  this  state. 

The  stock  of  the  United  States'  bank,  and  the  stock  of  United  State 
either  of  the  United  States,  belonging  to  residents  in  this  bank-stock, 
state,  shall  be  assessed  at  its  just  value,  and  set  in  the  ^dividual 
list,  at  six  per  cent  of  such  value.  states, 


448 


Title  100.     Taxes. 


Money  at  in- 
terest. 


^Fisheries. 


i-  ^        ; 

one  tenth  part) 
to  be  abated. 


Exemption  of 
polls. 


Professions. 


Manufactur- 
ers. 


All  monies  at  interest,  secured  by  notes  or  bonds  of 
responsible  persons,  resident  in  this  state,  or  elsewhere, 
except  monies  loaned  to  this  state,  and  all  monies  on 
interest,  secured  by  mortgage  on  real  estate  in  this 
state,  or  elsewhere,  more  than  the  owners  thereof  pay 
interest  for,  shall  be  set  in  the  list  at  six  per  cent. 

All  fisheries,  whether  appendages  of  any  farm  or  lot,  or 
block,  or  wharf  made  for  the  purpose  of  fishing,  shall 
be  valued,  and  set  in  the  list,  at  three  per  cent  of  such 
value. 

The  polls  of  all  white  male  pe  rsons  from  twenty-one 
to  seventy  years  of  age,  shall  be  set  in  the  list  at  thirty 
dollars,  each :  provided,  that  the  assessors  and  board  of 
relief  may  abate  the  polls  of  infirm,  sick  and  disabled 
persons,  in  their  respective  towns,  not  exceeding  one 
tenth  part  of  the  number  of  taxable  polls  :  and  they  shall 
give  reasonable  notice  of  their  time  of  meeting  for  that 
purpose. 

SECT.  3.  The  polls  of  ministers  of  the  gospel,  of  all  de- 
nominations, during  the  time  of  their  ministry,  instruc- 
tors and  students  in  colleges,  and  incorporated  acade- 
mies, shall  be  exempted  from  taxation  ;  and  the  polls  of 
the  officers  and  privates  of  the  militia  companies  shall 
be  exempted  from  taxation,  during  the  time  of  their 
being  liable  by  law  to  do  duty  in  their  respective  com- 
panies :  Provided,  each  person  liable  to  do  military  duty 
as  aforesaid,  claiming  the  benefit  of  this  act,  shall  produce 
a  certificate  from  the  commanding  officer  of  the  company 
to  which  he  belongs,  on  or  before  the  twentieth  day  of 
October,  in  each  year,  that  he  is  equipped  according  to  law, 
and  dressed  in  uniform,  and  has  performed  military  duty  ac- 
cording to  law,  during  the  year  preceding,  or  has  been 
prevented  from  doing  the  same,  by  sickness,  bodily  infir- 
mity, or  other  reasonable  cause. 

SECT.  4.  Attornies,  physicians,  surgeons,  traders  of 
all  kinds,  mechanics,  taverners,  brokers  and  distillers, 
shall  be  assessed,  and  set  in  the  list  of  the  town  where 
they  reside,  at  the  discretion  of  the  assessors,  according 
to  the  value  and  income  of  their  business,  occupation  or 
profession,  and  the  principles  and  rules  prescribed  in 
this  act :  Provided,  that  attornies.  physicians  and  me- 
chanics shall  not  be  taxed  until  after  two  years  from  the 
time  of  commencing  such  profession  or  occupation. 

SECT.  5.  All  manufacturers,  not  otherwise  assessed  by 
this  act,  shall  be  assessed,  on  the  same  principles,  and 
set  in  the  list,  in  the  same  manner,  as  traders  and  me- 
chanics are,  by  the  preceding  section  of  this  act ;  ex- 
cepting workmen,  exclusively,  and  constantly,  employed 
in  the  manufactures  of  woolen  and  cotton  cloths  from 


Title  100.     Taxes.  449 

the  raw  materials,  and  in  which  woolen  and  cotton  cloths 
are  made  and  finished  from  the  raw  materials,  which 
shall  be  exempted  from  the  poll-tax  and  military  duty, 
till  the  rising  of  the  general  assembly  which  shall  be 
holden  on  the  first  Wednesday  of  May,  one  thousand 
eight  hundred  and  twenty-five  :  and  the  building,  machin- 
ery and  land,  not  exceeding  five  acres,  belonging  to  each 
establishment,  shall  be  exempted  from  assessment  during 
the  same  period. 

SECT.  6.  The  houses,  lands,  or  other  taxable  property  Exemptions oi7- 
of  ministers  of  the  gospel,  who  statedly  minister  to  any  ministers  of  / 
church,  society,  or  association  of  Christians,  to  the  amount  the  SosPel-     f / 
of  two  thousand  five  hundred  .dollars,  in  value,  shall  be  ) 

set  in  separate  lists,  and  exempted  from  taxation. 

SECT.  7.  The  taxable  property  of  non-residents  shall  Non-residents. 
be  arranged  in  separate  assessment  lists,  and  valued,  by 
the  assessors,  from  the  best  information  to  be  obtained, 
with  or  without  the  written  lists  of  the  owners. 

SECT.  8.  All  personal  estate  in  the  hands  of  trustees  Trustees, 
shall  be  set  in  the  list  of  the  town  where  such  trustee,  or 
acting  trustee,  lives  ;  but,  if  such  trustee  does  not  live 
in  this  state,  then  such  property  shall  be  set  in  the  list  in 
the  town  where  the  person  lives,  for  whose  use  such  prop- 
erty is  held  in  trust.     The  taxable  estate  of  married  wo-  Married  wo- 
men, shall  be  set  in  the  lists  of  their  husbands  ;  and  all  men. 
real  estate  shall  be  set  in  the  list  of  the  owner  or  posses- 
sor, and  shall,  at  all  times,  be  and  remain  liable  for  the 
payment  of  the  taxes  levied  thereon,  with  the  costs  of 
collection,  until  the  same  be  paid. 

SECT.  9.  If  any  person  liable  by  this  act  to  pay  taxes,  penajty  for 
shall  give  or.  send  to  any  assessor  a  written  list,  and  there-  false  lists. 
in  omit  taxable  property,  or  under- rate  the  quantity  or 
kind,  with  intent  to  avoid  paying  a  due  proportion  of  tax- 
es, it  shall,  in  such  cases,  be  the  duty  of  the  assessors  to 
add  such  property  to  the  list  of  the  person  so  offending, 
at  three-fold  the  rate  per  cent  or  amount  that  such  taxa- 
ble property  is  rated  in  this  act.  When  the  assessors 
shall  omit  to  assess  and  set  in  the  list,  the  taxable  estate 
of  any  person,  by  the  first  of  December,  and  such  estate 
shall  afterwards  be  discovered,  then  the  board  of  relief 
shall  value  the  same,  and  set  it  in  the  list  at  three-fold  the 
rate  per  cent  or  amount  that  the  same  kind  of  property 
is  rated,  unless  the  owner  can  shew,  that  it  was  omitted 
by  mistake,  in  which  case,  it  shall  be  set  in  the  list  at  the 
same  rate  as  if  it  had  not  been  omitted  ;  and  where  a  poll 
shall  be  omitted,  the  board  of  relief  shall  set  it  in  the 
list. 

SECT.  10.  The  treasurer  and  comptroller  for  the  time  goar(j  of 
being  shuil  constitute  a  board  of  equalization,  and  shall  equalization 
57 


450 


Title  100.     Taxes. 


Duty  of  the 
town-clerk 
relative  to  al- 
terations. 


His  compen- 
sation. 


Assessors,  &c. 
to  be  sworn. 


Compensation 
of  assessors. 


Penalty  on 
towns  not  ap- 
pointing as- 
sessors ; 


and  on  asses- 
sors refusing 


Assessment 
list  to  be.  the 
rule  of  taxa- 
tion. 


meet,  annually,  on  the  second  Tuesday  of  March,  and 
shall  equalize  and  adjust  the  assessment  list  of  the  several 
articles  of  taxable  property,  whiqh  compose  the  lists  oi 
the  towns,  by  either  adding  to,  or  deducting  from,  the  list 
of  any  town,  or  any  part  thereof,  such  sum  per  cent,  as 
in  their  opinion  will  equalize  the  same,  when  compared 
with  the  valuations  of  other  towns.  And  said  lists, 
after  they  have  been  equalized  and  adjusted,  by  said 
treasurer  and  comptroller,  shall  constitute  the  general  list 
of  the  state.  And  in  case  the  board  of  equalization  shall 
add  to,  or  deduct  from,  the  list  of  any  town,  it  shall  be  the 
duty  of  the  comptroller  to  notify  the  town-clerk  of  such 
town  thereof,  on  or  before  the  tenth  day  of  April  in  each 
year.  And  when  notice  of  alterations  in  the  list  of  any 
town  shall  be  received,  by  the  town-clerk  thereof,  it  shall 
be  the  duty  of  said  town-clerk,  within  twenty  days  after 
he  shall  have  received  such  notice,  to  add  to,  or  deduct 
from,  each  separate  list  of  said  town,  such  rate  per  cent 
on  each  article  of  any  such  list,  as  shall  have  been  in- 
creased, or  diminished,  by  the  board  of  equalization. 
And  said  town- clerk  shall  be  entitled  to  receive  as  a  com- 
pensation for  his  services  the  sum  of  three  dollars. 

SECT.  11.  Each  assessor,  and  each  member  of  the  board 
of  relief,  before  he  enters  on  the  duties  of  his  office, 
shall  take  the  oath  prescribed  by  law. 

SECT.  12.  The  assessors  shall  be  entitled  to  receive,  as 
a  compensation  for  their  services,  a  sum  not  exceeding 
fifty  cents  on  a  thousand  dollars  of  the  amount  of  the 
assessment  list  of  the  town,  to  be  paid  by  the  town. 

SECT.  13.  If  any  town  shall  refuse  or  neglect  to  ap- 
point an  assessor  or  assessors,  according  to  the  provisions 
of  this  act,  and  cause  them  to  be  duly  sworn,  such  town, 
so  neglecting  or  refusing,  shall  forfeit  and  pay  the  sum  of 
fifteen  hundred  dollars,  for  the  use  of  the  treasury  of  the 
stpte.  And  if  any  person  chosen  to  the  office  of  asses- 
sor, and  having  accepted  the  same,  shall  afterwards  re- 
fuse to  be  sworn,  or  perform  the  duties  of  said  office,  he 
shall  forfeit  and  pay  to  the  town-treasury  in  which  he 
lives,  the  sum  of  thirty  dollars. 

SECT.  14.  The  assessment  list  in  each  town,  as  the 
same  shall  annually  be  made  and  corrected,  by  the  as- 
sessors and  board  of  relief,  according  to  the  provisions  of 
this  act.  shall  be  the  rule  for  the  several  counties,  towns, 
societies,  school  and  highway  districts  to  apportion  the 
several  taxes  to  individuals,  living  within  such  districts, 
liable  to  pay  taxes  in  such  corporation.  (1) 


(1)  The  first  mode  of  assessing  taxes 
appears  from  the  revision  of  1672,  to  have 
been,  to  direct  the  towns  to  appoint  three 


or  four  persons  to  make  out  a  list  of  all 
polls  from  sixteen  years  and  upwards, 
and  an  estimation  of  all  estate,  real  and 


Title  100.     Taxes.  451 

CHAP.  II. 

An  Act  providing  for  the  Collection  of  Taxes. 


B 


,E  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives, in  General  Assembly  convened, 
That  when  the  general  assembly  shall  grant  a  tax,  to  be 
levied  upon  the  inhabitants  of  the  state,  it  shall  be  laid  on 
the  general  list  completed  according  to  law;  and  it  shall  Treasurer  to 
be  the  duty  of  the  treasurer  of  the  state,  without  further  issue  a  war- 
notice,  to  issue  and  send  his  warrants,  at  least  three  months  ™"g  £  fc°cj;c~ 
before  the  time  of  payment,  directed  to  the  collectors  of  town,  to  col- 
such  tax  in  each  town  in  the  state,  commanding  them  to  lect taxes. 
levy,  collect  and  pay  the  same  into  the  treasury  of  the 
state,  by  the  time  appointed  for  that  purpose,  by  the  gen- 
eral assembly  ;  and  if  no  time  is  limited  for  the  payment 
of  such  tax  in  the  grant,  it  shall  be  payable  before  the 
last  day  of  August,  in  each  year. 

SECT.  2.  And  it  shall  be  the  duty  of  the  collectors  in  Duty  of  col- 
each  town  to  collect  and  pay  such  tax  to  the  treasurer  of  lectors. 
the  state,  by  the  time  limited  :  but  they  shall  not  levy  or 
destrain  therefor  till  two  months  before  the  day  on  which 
it  is  payable  into  the  treasury  of  the  state. 

SECT.  3.  If  any  collector  shall  neglect  to  collect  and  ifcoiiector 
pay  such  tax  to  the  treasurer,  by  the  time  appointed,  the  neglects, 
treasurer  is  authorized  and  required,  within  four  months  treasurer  to 
after  such  time,  to  issue  an  execution,  returnable  in  sixty  "0"e,""' 
days,  against  the  estate  and  the  person  of  such  collector,  him. 
directed  to  the  sheriff  of  the  county  in  which  the  collec- 
tor lives,  who  is  hereby  impowered  to  serve  it  in  any  town 
or  county  in  the  state  ;  and  it  shall  be  the  duty  of  the 
sheriff  to  serve  and  make  return  of  such  execution  to  the 
treasurer,  according  to  the  directions  therein  given. 

SECT.  4.   In  case  of  a  return  of  non  est  invenlus,  or  a 
commitment  of  such  collector,  it  shall  be  the  duty  of 
the  treasurer,  forthwith,  to  issue  an  execution,  return-  commitment, 
able  in  sixty  days,  against  the  goods  or  estate  of   the  to  issue  execu- 
select-men  of  the  town  where  the  collector  lives,  for  tion  against 
the  sum  remaining  due  on  said   tax,  and   the  officer's  feet-men"6" 
fees  and  charges  before  that  time  accruing,  directed  to 
the  sheriff  as    aforesaid,    who  shall    serve    and   return 
the  same,  according   to  the  directions  therein   given. 

personal.     Polls  were  to  be  set  in  the  list  present  S3rstem,  by  valuation,  was  adopt- 

at  eighteen  pounds,  each ;  lands  to  be  val-  ed.      Owing  to  the  extreme  scarcity  of 

ued  ;  houses,  cattle  and  swine,  at  specified  money,  in  the  early  times  of  the  govern- 

rates ;  and  mechanics  to  be  assessed.     In  merit,  taxes  were  directed  to  be  paid  in 

1702,  lands  were  directed  to  be  set  in  the  wheat,  peas,  rye,  Indian  corn,  pork  and 

list  at  a  specified  rate.     This  mode  contin-  beef, 
ned,  with  various  modifications,   till  the 


452 


Title  100.      Taxes. 


against  the 
estate  of  the 

to  town.*' 


Sheriff  guilty 
of  neglect,  li- 
able  to  pay 
damages. 


Treasurer 
may  issue  exe- 


request  of  se- 
lect-men. 


Select-men 
may  bring  suit 


His  whole  es- 
tatc  hoiden  to 
re-»P°nd  the 


rate-bili,  se- 
lect-men  may 
appoint  anoth- 


SECT'  5-  I"  case  of  a  return  of  non  est  mventus,  in 
whole  or  in  Part>  of>  the  execution  against  the  select- 
men,  the  treasurer  shall  forthwith  issue  an  execution. 
returnable  in  sixty  days,  for  the  sum  remaining  due 
on  said  tax'  with  a11  the  additional  costs  and  charges. 
against  the  goods  and  estate  of  the  inhabitants  of  such 
town,  directed,  and  to  be  served,  as  aforesaid. 

SECT.  6.  And  if  such  sheriff  is  guilty  of  any  neglect 
or  default  in  serving  the  executions  aforesaid,  he  shall  be 
liable  to  pay  all  the  damages;  and  it  shall  be  the  du- 
ty  of  tne  treasurer  to  direct  suits  to  be  brought  a- 
gainst  him,  in  the  name  of  the  state,  by  the  attorney 
for  the  state,  in  the  county  where  the  treasurer  re- 
sides, to  recover  such  damages  ;  and  such  attorney  is 
hereby  authorized  to  commence  and  prosecute  such 
suits  to  final  judgment. 

SECT.  7.  The  treasurer  shall,  at  the  request  of  the  se- 
lect-men  of  any  town,  issue  an  execution,  directed  to  the 
sheriff  of  the  county?  and  his  deputy,  in  the  name  of  the 
select-men  of  such  town,  against  any  collector  of  state 
taxes,  for  such  town,  at  any  time  after  the  tax  committed 
to  him  becomes  due,  for  the  balance  then  due  on  such 
tax  ;  and  such  select-men  may  proceed  with  such  exe- 
cution, against  such  collector,  according  to  law,  for  the 
indemnity  of  such  town,  and  shall  pay  the  money  due  on 
such  execution,  to  the  treasurer,  within  the  term  of  four 
months  after  such  tax  shall  become  payable  ;  and  on  fail- 
ure thereof,  the  treasurer  shall  issue  execution  against 
the  goods  and  estate  of  the  inhabitants  of  such  town,  for 
the  sum  then  due. 

SECT.  8.  When  any  collector  of  the  state  tax  shall  neg- 
]ect  to  pay  and  settle  the  same  with  the  treasurer,  by  the 
tirne  appointed,  it  shall  be  lawful  for  the  select-men  of 
such  town  to  bring  an  action,  in  the  name  of  the  town, 
against  such  negligent  collector,  to  recover  such  sum  as 
remains  unpaid,  and  attach  the  estate  or  the  person  of 
such  collector,  to  secure  the  same,  and  to  prosecute  such 
action  to  final  judgment  :  and  the  whole  estate  of  such 
collector,  so  attached,  or  possessed  by  him.  at  the  time  of 
bringing  such  action,  shall  be  hoiden  liable  to  answer  the 
judgment  that  may  be  recovered  against  him,  notwith- 
standing any  subsequent  disposition  of  such  collector,  or 
any  demand  by  a.  creditor. 

SECT.  9.  And  if  any  such  collector  shall  deliver  up  his 
rate-bill  into  the  hands  of  the  select-men,  they  are  here- 
by  empowered  to  depute  some  proper  person  to  collect 
what  remains  uncollected  thereon  ;  and  the  same  shall  be 
accountec{  fo^  jn  favor  of  such  cojlector  ;  which  collect- 
or, so  deputed,  shall  have  the  same  power,  and  be  under 


Title  100.     Taxes.  453 

the  same  regulations,  as  the  collector  who  delivered  up 
his  rate-bill,  as  aforesaid,  was  invested  with. 

SECT.  10.  When  a  town  shall  have  brought  their  ac-   "„  J  coJEct- 
tion  against  any  collector,  pursuant  to  the  direction  of  Or,  treasurer 
this  act,  the  treasurer  may  issue  an  execution  against  the  may  issue  an 
estate  of  the  select-men  of  such  town,  (or  of  the  inhabit-  g^t^tate 
ants  of  such  town,)  for  the  non-payment  of  such  tax  or  Of  select-men, 
taxes,  in  the  same  manner  as  if  a  return  of  won  est  inven- 
tus  had  been  made  against  such  collector. 

SECT.  11.  On  all  the  warrants  issued'by  the  treasurer,  Abatement  al- 
for  the  collection  of  taxes,  there  shall  be  allowed  to  the  |°wed  t 
several  towns,  an  abatement  of  one  eighth  part  of  the 
amount  of  the  taxes  arising  on  the  list  of  said  towns  re- 
spectively ;  which  eighth  part  the  civil  authority  and  se- 
lect-men of  the  respective  towns,  shall  have  power  to 
apply  for  the  relief  of  the  indigent  or  unfortunate,  in  the  to  be  applied 
abatement  of  their  particular  rates,  in  whole,  or  in  part,  by  civil  au- 
in  such  way  and  manner  as  they  shall  judge  most  proper,  " 

reasonable  and  just :  and  on  a  certificate  of  such  abate- 
ment, under  the  hands  of  the  civil  authority  and  select- 
men, the  treasurer  shall  allow  the  same  to  the  credit  of 
the  collector  of  such  tax  :  and  for  the  residue  of  the  taxes 
laid  on  the  several  towns,  they  shall  be  holden  to  pay 
the  full  amount,  without  any  further  deduction  or  abate- 
ment. 

SECT.  12.  The  civil  authority  and  the  select-men,  shall  Civil  author! - 
have  power  to  abate  the  taxes  of  such  poor  and  indigent  ty  and  select- 
persons,  in  their  respective  towns,  as  are  unable  to  pay  "x'eJof^oor 
the  same  :    and  such  towns  shall   be  liable  to  pay  the  persons. 
same  to  the  state  ;    and  the    collectors    of    such    taxes  Towns  liable, 
shall  have  right  to  recover  the  same,  for  the  use  of  the 
state.  When  any  person  is  committed  to  gaol,  by  the  col- 
lector of  a  state,  for  the  non-payment  of  a  tax,  who  is 
poor  and  unable  to  pay  it,  he  shall  be  entitled  to  the  ben- 
efit of  the  act,  providing  for  the  relief  of  poor  debtors, 
on  his  giving  the   requisite  notice  to  one  or  more  of  the 
select-men   of  the  town  to  which  he  belongs  ;  and  the  Liability  of 
town  shall  be  responsible  to  such  collector  for  the  amount  aod coatL  * 
of  the  tax,  and  the  costs  occasioned  by  the  commitment,  where  a  per- 
in  case  such  person  is  admitted  to  take  the  poor  debtor's  son  takes  th?e 
oath  ;  and  if  such  town  neglect  or  refuse  to  pay  it,  such  ^th 
collector   shall  have  a  right  of  action,  to  recover  the 
same  ;  provided  such  commitment  be  made  within  eight 
months  after  the  time  such  rates  become  due  and  paya- 
ble. 

SECT.  13.  Whenever  the  estate  of  a  select-man,  or  in-  When  estate 
habitant  of  a  town,  shall  be  taken  on  an  execution,  is-  of  select  men 
sued  against  the  select-men,  or  the  inhabitants  of  any  JtJJ^Jj 
town,  according  to  the  provisions  of  this  act,  he  may  ap-  to  proceed. 


4M 


Title  100.      Taxes. 


Taxes  of 
towns,  and 
other  commu- 
nities, how 
collected. 


Collectors 
neglecting, 


gamst  them. 


In  whatcases, 
and  by  whom, 
a  new  collect- 
or shall  be  ap- 
pointed, to 
collect  uncol- 
lected  rate- 
bills. 


ply  to  a  justice  of  the  peace  of  an  adjoining  town,  who 
shall  appoint  three  judicious,  indifferent  freeholders  of 
such  town,  to  appraise  the  estate  so  taken  on  execution, 
at  its  true  and  just  value,  in  money  ;  and  if  the  same  shall 
be  sold,  in  payment  of  such  execution,  then  such  apprais- 
ed value  shall  be  paid  by  the  town  from  whom  such  tax- 
es were  due,  with  such  further  damages  as  shall  be  just 
and  reasonable  ;  and  on  their  refusal,  the  owner  shall  have 
a  right  of  action  to  recover  the  same. 

SECT.  14.  Whenever  any  town,  or  other  community, 
authorized  by  law  to  raise  money  by  taxation,  shall,  in  a 
law^ul  meeting,  grant  a  tax,  to  be  levied  on,  and  collect- 
ed  of,  themselves,  for  a  lawful  purpose,  they  shall  appoint 
some  proper  person  or  persons,  to  be  collector  or  col- 
lectors ;  and  the  select-men  of  towns,  and  the  committee 
of  other  communities,  shall  make  out  rate-bills  for  the 
same,  under  their  hands,  containing  the  proportion  of 
each  individual  to  pay,  according  to  the  list  made  and 
completed,  according  to  law  ;  and  shall  apply  to  some 
justice  of  the  peace,  who  is  authorized  and  required  to 
grant  a  warrant  for  collecting  such  tax.  directed  to  the 
collector  appointed  to  collect  such  tax,  commanding  and 
empowering  him  to  collect  the  same,  according  to  the 
grant. 

SECT.  15.  And  all  collectors  of  such  taxes  shall  collect 
and  pay  the  same,  by  the  time  limited  by  those  who 

grant  Such  taxes  '  an?  on  failure'  the  select-men  of  each 
town,  and  the  committee  of  each  community,  shall  have 
power  to  demand  any  arrearages,  due  from  their  respec- 
tive collectors,  and,  on  failure  of  payment,  may  apply  to 
a  justice  of  the  peace,  for  an  execution  against  such  neg- 
ligent collectors.  And  it  shall  be  lawful  for  such  justice 
of  the  peace  to  grant  an  execution  against  the  goods, 
chattels,  lands,  and  body  of  such  negligent  collector,  in 
the  same  form,  and  to  be  proceeded  with  in  the  same 
manner,  as  is  by  law  provided  for  the  levying  of  execu- 
tions. 

SECT.  16.  If  any  collector  of  any  state,  town,  or  soci- 
cty  tax  or  taxes,  shall  neglect  or  refuse  to  receive  the 
rate-bill  or  rate-bills,  which  he  is  appointed  to  collect, 
^or  ^e  PurP°se  of  collecting  the  same,  or  shall  die  before 
he  has  completed  the  collection  of  such  rate-bill,  or  rate- 
bills,  or  having  received  the  same,  shall  neglect  to  col- 
lect or  pay  the  rates  or  taxes  to  him  committed,  by  the 
time  appointed  for  that  purpose,  and  shall  deliver  up  his 
rate-bill  or  bills  to  the  select-men  of  the  town  wherein  he 
is  appointed,  in  the  case  of  a  state,  or  town  tax,  or  to  the 
society's  committee,  of  the  society  where  he  is  appoint- 
ed, in  the  case  of  a  society  tax  :  it  shall  be  lawful  for  the 


Title  100.     Taxes.  455 

select-men  of  the  town  wherein  such  collector  is  appoint- 
ed, in  the  case  of  a  state  or  town  tax,  and  for  the  said  so- 
ciety's committee,  in  the  case  of  a  society  tax,  to  depute 
some  meet  person  to  collect  such  rate-bill  or  bills,  or  the 
remaining  sums  that  may  be  due  on  the  same,  as  the  case 
may  be  ;  and  the  person  so  deputed,  in  either  of  the  cas- 
es aforesaid,  shall  have-full  power  to  enforce  and  com- 
plete the  collection  of  such  taxes. 

SECT.  17.  All  collectors,  duly  appointed,  shall  have  full  Powerof col- 
power  to  collect  the  taxes,  for  which  a  lawful  warrant  lectors; 
shall  be  given  them  ;  and  shall  have  the  same  power  to 
command  the  assistance  of  any  person  or  persons,  in  the 
execution  of  their  office,  if  necessary,  as  is  by  law  given  to 
sheriffs  and  constables,  in  the  execution  of  their  offices. 
And  all  persons  are  hereby  required  to  yield  due  obedience, 
and  afford  their  assistance  immediately,  on  the  same  pen- 
alties as  are  by  law  provided  to  enforce  obedience  to  the 
command  of  sheriffs  and  constables  :  provided,  such  col- 
lectors shew  and  read  their  warrants  to  the  persons  whose 
assistance  is  commanded. 

SECT.  18.  All  constables,  chosen  to  collect  the  state  inothertowns. 
tax,  and  all  other  collectors  of  taxes,  shall  have  the  same 
power  in  any  other  town,  as  in  their  own,  to  collect  the 
taxes  of  any  person,  or  persons,  against  whom  they  have 
taxes  in  their  rate-bill  or  lists  ;  and  may,  at  any  time,  col- 
lect such  taxes,  after  the  expiration  of  the  year  for  which 
they  are  appointed. 

SECT.  19.  The  constables,  apppointed  to  collect  the  „ 
state  taxes,  and  the  collectors  of  town  and  other  taxes,  orsThaU  pro- 
shall  appoint  a  time  and  place  for  receiving  such  taxes,  ceed,  incol- 
and  shall  give  to  every  person  reasonable  warning  and  Acting  taxes, 
opportunity  to  pay  the  same  ;  and  on  failure  of  payment,   ^^^'^.^.V*  /^ 
they  shall  make  distress  therefor ;  and  in  case  a  distress      —f  •      >fo,^-  /t?-t 
shall  be  made,  such  collectors  shall  distrain  goods  and  ^^"~"   ^*J 
chattels,  if  they  can  be  had,  and  shall  post  and  sell  them, 
in  the  same  manner  as  is  provided  by  law  incase  of  exe- 
cutions ;  but  if  no  goods  or  chattels  are  tendered,  or  can 
be  found,  such  collectors  may  levy  their  warrants  on  the 
real  estate,  or  on  the  bodies  of  those  against  whom  they 
have  taxes,  and  them   commit  to  gaol,  there  to  remain 
till  such  taxes  and  the  legal  costs  are  paid,  or  they  are  de- 
livered in  due  course  of  law  ;  and  all  collectors  of  taxes  Fees  of  col 
shall  be  entitled  to  the  same  fees  for  levying  warrants,  as  lectors< 
sheriffs  are  by  law  for  levying  executions. 

SECT.  20.  When  a  collector  levies  a  warrant  on  real  Modeofsel- 
estate,  for  the  payment  of  taxes,  he  shall  advertise  the  ling  land- 
time  and  place  of  sale,  three  weeks,  in  some  news-paper, 
printed  in  the  county,  or  an  adjoining  county,  at  least 
six  weeks,  before  the  time  of  sale  ;  and  then  shall  sell,  at 


456 


Title  100.     Taxes. 


public  auction,  sufficient  to  pay  the  taxes  and  costs  charge- 
able against  the  owners,  and  shall  give  to  the  purchaser  a 
deed  of  warranty  thereof,  to  be  lodged  in  the  office  of  the 
town-clerk,  where  the  land  lies,  to  remain  unrecorded 
twelve  months  ;  and  if  the  owner  from  whom  the  tax  was 
due,  or  any  purchaser,  motgagee,  creditor  of  such  owner, 
or  any  person  claiming  any  interest  in  the  land,  shall,  with- 
in twelve  months  from  the  time  of  the  sale,  pay  or  tender 
to  the  purchaser  from  the  collector,  the  purchase  money, 
with  twelve  per  cent  interest,  such  deed  shall  be  void,  and 
shall  be  delivered  up  to  the  person  paying  or  tendering 
the  money  ;  who  shall  hold  such  land  or  estate  as  a  secu- 
rity, in  nature  of  a  mortgage  for  the  money  paid,  and  twelve 
per  cent  interest.  But  if  the  purchase  money  and  in- 
terest, shall  not  be  paid  within  such  time,  then  the  deed 
shall  be  recorded,  and  the  title  become  confirmed  in  the 
purchaser,  his  heirs  and  assigns,  forever. 

SEct.  21.  The  real  estate,  of  which  any  person  is  seis- 
ed and  possessed,  in  his  own  right,  in  fee,  shall  stand 
charged  with  his  lawful  taxes,  and  may  be  sold  for  the 
same,  within  one  year  after  the  taxes  become  due,  not- 
withstanding any  transfer  thereof,  or  attachment  thereon  : 
provided,  that  no  real  estate,  which  has  been  transferred 
or  levied  upon  as  aforesaid,  shall  be  liable  to  be  sold  for 
the  payment  of  any  taxes  arising  upon  a  list  made  up  af- 
ter such  transfer  or  levy  ;  nor  shall  any  real  estate  be  li- 
able to  be  sold  for  taxes,  which  has  been  legally  transfer- 
red, attached,  or  taken  by  execution,  where  other  estate 
can  be  found  sufficient  to  pay  such  taxes,  and  the  legal 
costs. 

SECT.  22.  There  shall  be  allowed  to  each  collector  of 
to  collectors  of  state  taxes,  three  cents  and  an  half  on  the  dollar,  for  all 
state  taxes.  monies  such  collector  shall  collect  and  pay  into  the  treas- 
ury, which  shall  be  paid  by  the  treasurer,  besides  seven 
cents  per  mile  for  travel :  provided  such  collector  shall 
make  a  full  settlement  with  the  treasurer,  of  all  such  tax- 
es, as  by  his  warrant,  he  was  commanded  to  collect,  with- 
in twenty  days  after  the  time  limited  in  such  warrant,  for 
the  collection  :  and  in  case  any  collector  of  state  taxes 
shall  neglect  to  make  such  settlement  within  said  twenty 
days,  there  shall  nothing  be  paid  or  allowed,  by  the  treas- 
urer, to  such  collector,  for  any  monies  by  him  collected, 
and  paid  into  the  treasury. 


Taxes,  a  lien 
on  lands,  for 
one  year. 


Proviso. 


Compensation 


Title  101.     Towns.  457 

TITLE  101.     Towns. 
An  Act  concerning  Towns. 

.      T)E  ^  enacledby  the  Senate  and  House  of  Rep - 
JJ  resentatives,  in  General  Assembly  convened, 

That  all  the  male  white  inhabitants  of  the  several  towns  who  are  qual- 
in  the  state,  of  the  age  of  twenty-one  years,  who  have  a  ified  to  vote  in 
freehold  estate  not  subject  to  a  mortgage,  rated  in  the  town  meet- 
common  list  or  assessment  at  nine  dollars,  or  personal  es- 
tate, rated  in  said  list  at  one  hundred  and  thirty-four  dol- 
lars, exclusive  of  their  polls,  or  who  have  been  duly  ad- 
mitted as  electors,  and  who  have  statedly  resided  in  such 
towns  one  year  at  least,  shall  have  the  right  and  privi- 
lege to  vote  and  act  in  town-meetings  ;  and  persons,  not 
so  qualified,  shall  not  be  allowed  to  vote  or  act  in  such 
meetings  :  and  if  any  person,  not  so  qualified,  shall  vote,  penaityoa 
act  or  intermeddle  in  any  town-meeting,  contrary  to  this  persons  voting, 
act,  he  shall  forfeit  and  pay  the  sum  of  seventeen  dollars,  not  being  qual- 
to  the  treasury  of  the  county,  where  the  offence  is  com-  *  e  ' 
mitted  ;  and  it  shall  be  the  duty  of  attornies  for  the  state  Duty  of  state's 
in  the  several  counties,  and  grand-jurors  in  the  several  gJa^d-furors 
towns,  to  make  presentment  of  all  breaches  of  this  law.       to  prosecute. 

SECT.  2.  When  town-meetings  are  to  be  holden,  a  no-  Mode  ofwar_ 
tification  in  writing,  specifying  the  objects  for  which  they  ning  town 
are  to  be  held,  signed  by  the  select-men,  or  a  majority  of  meeting?. 
them,  set  upon  the  sign-post  or  sign-posts  in  the  towns,  at 
least  five  days,  inclusively,  before  the  meeting  is  to  be 
held,  shall  be  sufficient  notice  to  the  inhabitants  to  attend 
such  meeting  ;  and  any  town  may,  at  an  annual  meeting, 
designate  and  determine  upon  any  other  place  or  places, 
in  addition  to  the  sign-posts,  at  which  notifications  shall 
be  set  up,  in  the  same  manner,  and  for  the  same  purpose, 
as  is  provided  by  this  act  in  regard  to  sign-posts.     The  Annual  and 
annual  town-meetings  shall  be  holden  sometime  in  the  special  meet- 
months  of  October,  November,  or  December ;  and  spe-  j>S?»  when  to 
cial meetings  may  be  convened,  when  the  select-men  shall 
deem  it  necessary,  or  on  the  application  of  twenty  inhab- 
itants, qualified  to  vote  in  town-meetings ;  and  town-meet- 
ings may  be  adjourned  from  time  to  time,  as  the  interest  of  Adjournment 
the  town  may  require.  a  J°U 

SECT.  3.  The  inhabitants  of  each  town,  qualified  to  vote,  Town  officers 
shall,  at  the  annual  town-meeting,  choose  and  appoint  a  to  be  appoint- 
convenient  number,  not  exceeding  seven,  to  be  select-men,  ed  at  annual 
a  town-clerk  or  register,  a  treasurer,  constables,  survey-  meetm£- 
ors  of  highways,  collectors  of  town  taxes,  grand-jurors, 
tything-men.havwards,gaugers,packers.sealersof  weights 

58 


458 


Title  101.     Towns 


I'cnalty  for 
refusing  to 
accept ; 


and  for  neg- 
lect of  per- 
formance of 
the  trust. 


Vacancies 
may  he  sup- 
plied. 


Towns  may 
make  reguia- 

t  ions ; 


may  make  by- 
laws to  re- 
strain cattle, 
&c. 


Duty  of  select 


and  measures,  pound-keepers,  and  other  ordinary  town 
officers,  to  serve  for  the  year  ensuing. 

SECT.  4.  The  select-men  shall  forthwith,  after  such 
choice,  cause  the  officers  of  whom  an  oath  is  required  by 
law,  to  be  summoned,  and  sworn  to  a  faithful  discharge  of 
their  respective  offices  and  trusts  :  and  if  any  person  shall 
refuse  to  serve  in  the  office  to  which  he  shall  have  been 
duly  chosen,  or  shall  refuse  to  take  the  oath  prescribed  by 
law,  when  an  oath  is  required,  he  shall  forfeit  the  sum  of 
five  dollars,  to  the  use  of  the  town,  to  be  recovered  in 
any  proper  action,  by  the  treasurer,  unless  such  person 
can  make  it  appear  to  the  court  before  which  the  ac- 
tion is  brought,  that  he  is  oppressed  by  such  appoint- 
ment, or  that  others  are  unduly  exempted :  and  every 
person  accepting  the  office  to  which  he  is  appointed,  or 
not  declaring  his  refusal  to  accept,  who  shall  neglect  the 
performance  of  the  trust  committed  to  him,  shall  pay  a  fine 
not  exceeding  three  dollars  to  the  use  of  the  town  where 
the  offence  is  committed. 

SECT.  5.  If  any  office  in  any  town  shall  become  va- 
cant, by  the  refusal,  death,  or  removal  of  the  person  ap- 
pointed, such  town,  in  a  legal  meeting,  may  appoint 
another  to  supply  the  place. 

SECT.  6.  The  inhabitants  of  the  respective  towns,  in  legal 
meeting  assembled,  shall  have  power  to  make  such  orders, 
rules  and  regulations  for  the  welfare  of  the  towns,  as  they 
may  deem  expedient,  and  to  enforce  them,  by  suitable 
penalties  :  provided,  that  such  regulations  do  not  concern 
matters  of  a  criminal  nature,  are  not  repugnant  to  the 
laws  of  the  state,  and  the  penalties  do  not  exceed  four 
dollars  for  one  breach. 

SECT.  7.  Every  town,  at  a  lawful  meeting,  warned 
for  that  purpose,  shall  have  power  to  make  by-laws  for 
restraining  horses,  cattle,  asses,  mules,  swine,  sheep,  and 
geese  from  going  at  large,  and  for  regulating  such  as 
shall  go  at  large  :  provided,  that  no  penalty  for  any 
breach  of  such  by-law  shall  exceed  three  dollars  ;  and 
that  such  by-laws  shall  not  be  in  force  till  published  four 
weeks  successively,  in  a  newspaper  printed  in  such  town, 
or  in  the  town  nearest  to  such  town,  in  which  a  newspa- 
per is  printed,  or  in  some  other  newspaper  generally 
circulated  in  the  town,  where  such  by-law  is  made,  as  the 
town  shall  direct. 

SECT.  8.  It  shall  be  the  duty  of  the  select-men  to  super- 
intend the  concerns  of  the  town,  and  to  adjust  and  settle 
all  accounts  against  the  same,  and  to  draw  orders  on  the 
treasurer  for  their  payment ;  to  keep  a  true  and  regular 
account  of  all  the  expenditures  of  the  town;  and  to  ex- 
hibit the  same  at  their  annual  meeting. 


Title  102.     Town-Clerks.  459 

SECT.  9.  It  shall  be  the  duty  of  towns,  and  they  are  Duty  <*£>*»» 
hereby  empowered,  to  grant  annual  taxes  on  the  assess-  t°  defray^ne- 
ment  list,  made  out  according  to  law,  sufficient  to  defray  cessary  ex- 
all  lawful  and  necessary  expense  incurred  by  them :  and  if  Penses- 
any  town  shall  neglect  or  refuse  to  do  it,  when  they  have 
information  from  the  select-men  of  the  want  of  such  sup- 
ply, the  select-men  are  hereby  authorised  to  assess  the  in- 
habitants, and  make  a  rate-bill  upon  the  list  of  the  town, 
last  completed,  for  so  much  as  is  wanted  to  defray  the  ne- 
cessary expense  of  the  town,  and   to  cause  the  same 
to  be  collected,  in  the  same  manner,  as  taxes  laid  by 
the  town  are  collected. 

TITLE  102.     Town-Clerks. 
An  Act  prescribing  the  duty  of  Town-Clerks. 

¥3  E  it  enacted  by  the  Senate  and  House  of  Rep- 
CT*     "   JLJ  resentatives,  in  General  Assembly  convened, 
That  a  town-clerk,  when  chosen  and  sworn,  shall  contin-  Duty  and 
ue  in  office  till  another  is  chosen  and  sworn  in  his  room  ;  Power  of 
and  may,  when  there  is  no  justice  of  the  peace  present  town"c 
in  a  town  meeting,  administer  the  oath  provided  by  law 
to   the  officers  of  such  town,  who  ought  to  be  sworn  : 
and  it  shall  be  his  duty  to  enter  and  record  all  the  votes 
and  proceedings  of  the  town  for  which  he  is  appointed, 
in  their  lawful  meetings  ;  and  in  the   absence  of  such 
clerk  from  a  town  meeting,  the  town  may  choose  a  clerk 
pro  tempore. 

SECT.   2.  The  town-clerk  or  register,  in  every  town,  Record  of 
shall  record  all  marriages,  births  and  deaths  of  persons  marriages, 
in  such  town  ;  and  parents  and  masters  shall  transmit  to  births  and 
the  clerk  of  the  town  where  they  belong,  the  names   of  deaths- 
persons  that  are  born  or  die  in  their  respective  families, 
and  the  time  of  their  birth  and  death  ;  and  executors 
and  administrators  shall  transmit  to  the  town-clerk,  the 
names  of  the  persons  they  represent ;  within  one  month 
after  such  birth  or   death,  on  penalty  of  one  dollar  for 
every  month  after  the  first  month  for  which  it  is  neglect- 
ed, to  the  treasury  of  the  town  :  and  the  town-clerk,  of 
every  town,  shall  give  an  account  of  all  such  neglects, 
that  come  to  his  knowledge,  to  some  grand-juror  in  the 
town,  who  shall  make  presentment  thereof  to  any  justice 
of  the  peace  in  the  county. 

SECT.  3.  And  there  shall  be  kept,  in  every  town,  proper  „ 

,  .   ,  . *    •  Record  of 

books,    m  which  shall  be  registered  and  recorded   at  deeds  of  lands, 

length,  by  the  town-clerk,  all  deeds,  grants,  leases,  mort-  &c. 
gages  and  conveyances  of  houses,  and  lands  and  tene- 


460 


Title  103.      Treasury. 


Noting  of 
deeds,  &c. 


Town-clerk 
shall  keep 
books  of  the 
town,  and 
give  true 
copies. 


Shall  send  to 
the  treasurer 
of  the  state 
the  name  of 
the  constable 
chosen  to  col- 
lect state  tax. 


Duties  of 
Comptroller. 


ments,  or  of  any  interest  in  them,  lying  in  said  town,  de- 
livered to  him  to  be  recorded  ;  and  also,  all  executions 
levied  on  lands  or  tenements,  returned  to  him,  by  the 
officers  levying  the  same,  to  be  recorded ;  and  also,  an 
index  or  alphabet  to  the  same,  containing  the  names  of 
the  grantors  and  grantees,  and  also  of  the  grantees  and 
grantors,  in  alphabetical  order.  And  the  town-clerk  or 
register,  in  every  town,  shall,  on  the  receipt  of  any  grant, 
deed,  conveyance  or  mortgage  of  any  houses,  lands  and 
tenements,  note  thereon  the  day,  month  and  year  when 
he  received  the  same,  and  the  record  shall  bear  the 
same  date  :  and  if  any  town-clerk  shall  be  guilty  of  a 
breach  of  this  section  of  this  act,  he  shall,  for  every  such 
breach,  forfeit  the  sum  of  seventeen  dollars  to  the  treas- 
ury of  the  county  to  which  he  belongs. 

SECT.  4.  The  town-clerks  shall  keep  the  books  of  their 
respective  towns,  and  truly  enter  all  the  votes,  grants 
and  proceedings  of  the  town,  and  shall  give  true  copies 
of  the  same,  as  well  as  of  all  deeds  and  conveyances  of 
lands  or  tenements,  by  them  recorded,  for  the  same  fees 
as  are  allowed  to  the  clerks  of  courts  for  copies  :  and 
all  copies  of  the  votes  and  proceedings  of  towns,  attested 
by  the  town-clerk,  shall  be  admitted  as  evidence  in  all 
courts  ;  and  all  attested  copies  of  deeds,  with  a  certifi- 
cate from  the  town-clerk  that  they  have  been  recorded, 
shall  be  conclusive  evidence  of  such  fact. 

SECT.  5.  The  town-clerks,  in  each  town,  shall,  annual- 
ly, in  May,  send  to  the  treasurer  of  the  state,  the  names 
of  the  persons,  in  their  respective  towns,  chosen  consta- 
bles to  collect  the  state  tax,  on  pain  of  forfeiting,  for 
every  such  neglect,  four  dollars,  one  half  to  him  who 
shall  prosecute  to  effect,  and  the  other  half  to  the  treas- 
ury of  the  town  where  such  town-clerk  lives. 

TITLE  103.     Treasury. 
An  Act  establishing  the  Treasury  Department. 


SECT.   1. 


BE  it  enacted  by  the  Senate,  and  House  of  Rep- 
resentatives, in  General  Assembly  convened, 
That  it  shall  be  the  duty  of  the  comptroller  of  public  ac- 
counts to  prescribe  the  mode  of  keeping  and  rendering  all 
public  accounts,  and  to  adjust  and  settle  all  demands 
against  the  state,  except  grants,  and  orders  of  the  gene- 
ral assembly.  It  shall  be,  also,  his  duty  to  lay  before  the 
legislature,  at  the  opening  of  each  stated  session,  such 
plans  and  estimates  as,  in  his  opinion,  may  be  expedient 
for  lessening  the  public  expenses  ;  for  using  the  public 


Title  103.     Treasury.  161 

money  to  the  best  advantage  ;  for  promoting  frugality 
and  economy  in  the  public  expenditures,  and  supporting 
the  credit  of  the  state ;  and  in  general,  for  the  well  or- 
dering and  regulating  the  business  of  his  department. 
And  he  shall  have  free  access  to  the  public  offices  of 
the  treasurer  and  secretary,  and  all  other  public  offices 
and  records,  with  full  power  to  examine  all  books  and 
papers  therein,  that  have  relation  to  his  office. 

SECT.  2.  And  it  shall  be  his  duty,  from  time  to  time, 
to  examine  and  state  the  amount  of  the  public  debts  and 
credits  of  this  state,  with  the  United  States,  or  with  any 
community,  public  officer,  or  individual ;  to  examine, 
from  time  to  time,  into  the  collection  of  taxes;  to  point 
out  the  causes  of  delay  in  such  collections,  with  what 
may,  in  his  opinion,  tend  to  remove  them ;  to  see  that 
the  officers  of  government,  employed  in  that  department, 
and. in  every  other  department  of  the  revenue,  faithfully 
execute  their  respective  duties  ;  and  to  report  to  the  gen- 
eral assembly,  all  such  as  appear  to  be  chargeable  with 
abuse  of  their  respective  trusts  ;  to  institute  suits  at  law, 
in  the  name  of  the  state,  against  any  person,  or  persons, 
or  body  of  men,  who  have  received  any  money  or  public 
property,  in  any  way,  or  for  any  purpose,  and  have  not 
duly  accounted  for  the  same,  (the  collectors  of  state  tax- 
es only  excepted;)  and  for  this  purpose,  may  employ  an 
attorney  or  attornies  under  him,  to  sue  therefor,  and  the 
same  to  pursue  to  final  judgment  and  execution  :  and  the 
officer,  who  shall  collect  the  money  on  such  execution, 
and  all  other  persons,  who  shall,  by  the  appointment  and 
order  of  the  comptroller,  receive  the  monies  of  this  state, 
shall  pay  over  the  same  to  the  treasurer,  taking  duplicate 
receipts  therefor,  one  of  which  shall  be  lodged  with  the 
comptroller. 

SECT.  3.  It  shall  be  the  duty  of  the  comptroller  to  pre- 
pare and  return  to  the  general  assembly,  in  May,  annu- 
ally, and  oftener,  if  thereto  required,  an  abstract  of  the 
receipts  and  expenditures  of  the  public  funds,  during  the 
current  year,  ending  on  the  thirty -first  day  of  March,  an- 
nually ;  exhibiting,  under  different  heads,  the  salaries  of 
the  officers  of  government,  debentures,  and  contingent 
expenses  of  the  general  assembly,  expenses  of  new-gate 
prison,,  of  state  paupers,  and  all  other  expenses  of  gov- 
ernment, together  with  the  funds  belonging  to  the  state, 
and  the  public  debt. 

SECT.  4.  It  shall  be  the  duty  of  the  comptroller,  upon 
the  settlement  of  any  claim  or  demand  against  the  state, 
to  draw  an  order  on  the  treasurer  for  the  payment  there- 
of, in  favor  of  the  person  or  persons  entitled  to  receive 
the  same  ;  and  whenever  any  person  shall  decease,  who. 


462 


Treasurer's 
bond. 


Duties  of 
treasurer. 


Title  103.      Treasury. 

at  the  time  of  his  death,  shall  be  indebted  to  the  state,  he 
shall  exhibit  the  evidence  of  such  debt,  to  the  executor 
or  administrator  of  such  deceased  debtor,  as  a  claim 
against  his  estate. 

SECT.  5.  The  person  who  shall  be  chosen  treasurer  of  thr 
state,  shall,  before  he  enters  upon  the  execution  of  his  of- 
fice, give  bonds,  with  surety,  in  the  sum  of  twenty  thou- 
sand dollars,  to  the  state  ;  which  bond  shall  be  taken  by 
the  governor,  and  shall  be  kept  and  registered,  by  the 
secretary  of  the  governor,  and  shall  continue  during  the 
time  the  same  person  shall  be  elected,  and  exercise  the 
office  of  treasurer  :  and  such  treasurer  shall  be  holden 
to  give  new  bonds,  whenever  the  same  shall  be  required 
by  the  governor. 

SECT.  6.  It  shall  be  the  duty  of  the  treasurer  to  super- 
intend and  direct  the  collection  of  the  state  taxes  and 
revenue  ;  to  receive  the  money  arising  from  the  taxes, 
levied  on  the  several  towns  in  the  state  ;  the  fines  and 
forfeitures  belonging  to  the  state  ;  the  duties  on  writs  and 
licences  ;  the  dividends  on  bank-stock  belonging  to  the 
state  ;  the  interest  on  debts  due  from  the  United  States  j 
and  all  other  revenue  of  the  state  from  every  other  source; 
and  to  make  proper  entries  and  credits  for  the  same  in 
the  public  books. 

SECT.  7.  The  treasurer  shall  pay  out  of  the  public 
monies  in  his  hands,  upon  the  order  of  the  general  as- 
sembly, of  the  senate,  or  of  the  house  of  representatives, 
and  also  upon  the  order  of  the  supreme  court  of  errors, 
of  the  superior  court,  and  of  the  several  county  courts, 
when  warranted  by  express  law  ;  and  also,  upon  orders 
from  the  comptroller,  for  accounts  liquidated  and  adjust- 
ed by  him.  pursuant  to  law,  or  where  he  is  by  law  em- 
powered to  order  the  payment  of  money  out  of  the  treas- 
ury ;  for  which  payment  the  treasurer  shall  take  receipts. 
He  shall  pay  out  none  of  the  public  money,  except  upon 
orders  given  as  aforesaid ;  and  no  order,  not  drawn  by 
the  comptroller,  shall  be  paid,  unless  registered  in 
the  books  of  the  comptroller,  and  a  certificate  of  such 
entry  endorsed  thereon. 

SECT.  8.  The  treasurer,  every  year,  shall  make  out  a 
complete  statement  of  all  the  receipts  of  money  into  the 
treasury,  and  of  all  the  expenditures,  and  of  all  the  debts 
and  credits  of  the  state,  on  or  before  the  first  day  of  April, 
and  report  the  same  to  the  general  assembly,  at  their 
next  session.  The  general  assembly  shall,  annually,  in 
treasurer's  ac-  May,  appoint  two  meet  persons  to  be  auditors,  who  shall 
counts.  take  the  oath  prescribed  by  law,  and  who,  with  the  comp- 

troller, shall  audit  the  public  accounts  with  the  treasurer, 
and  shall  make  a  settlement  of  the  debts  and  credits,  as 


Auditors  of 


Title  103.     Treasury.  463 

tar  as  the  state  of  the  accounts  will  admit,  and  report  the 
game  to  the  general  assembly,  at  their  next  session.  When  Costs  recover- 
the  treasurer  is  plaintiff  in  any  action,  and  judgment  shall  ed  aoainst 
be  rendered  against  him  for  costs,  no  execution  shall  be  JSJJurer>  h°w 
issued,  but  the  party  in  whose  favor  judgment  is  rendered, 
may  exhibit  the  same  to  the  comptroller,  who  may  allow 
such  account,  and  draw  an  order  on  the  treasurer  for  the 
payment  thereof. 

SECT.  9.  The  clerks  of  the  superior  court,  and  of  the  CJ 
several  county  courts,  shall,  within  twenty  days  after  the  nis^conTptrol- 
risiug  of  their  several  courts,  make  out  and  render  to  the  ler  with  ab- 
comptroller,  a  list  or  abstract  of  all  forfeitures  of  bonds  ;  ^cts  of  (OT~ 
and  of  all  judgments,  rendered  by  said  courts,  on  bonds    e    ires'    °' 
or  forfeitures  of  any  kind,  in  favor  of  the  state  ;  and  also, 
of  all  executions  granted  to  any  attorney  for  the  state,  or 
other  public  officer,  on  such  judgments  ;  and,  also,  a  list 
or  abstract  of  all  fines,  which  have  been  imposed,  paya- 
ble to  the  state  ;  and  the  comptroller  shall  debit  the  ac- 
count of  such  officer,  with  the  amount  of  the  execution 
granted  to  him. 

SECT.  10.  It  shall  be  the  duty  of  the  attorney  for  the  State's  attor- 
atate,  in  each  county,  to  superintend  the  collection  of  all  g^gto4°llect 
fines,  forfeitures  and  judgments,  in  favor  of  the  treasury  of    nes' l  °' 
the  state,  and  to  pay  over  the  same  according  to  law. 
The  attorney  for   the  state,  in  each  county,  and  every  To  render  an 
other  receiver    of  public  money,  shall,   on  or  before 
the  tenth  day  of  May,  annually,  make  out  and  render  an 
account  of  all  the  monies  received  by  him,  for  the  use  of 
the  treasury,  to  the  comptroller,  in  such  form  as  shall  be 
by  him  prescribed.     And  such  attorney  shall,  also,  at  the 
same  time,  state  an  account  of  all  fines,  forfeitures  and 
judgments,  and  debts,  in  favor  of  the  state,  in  his  hands  for 
collection  ;  and  the  comptroller  shall  debit  the  same  to 
»uch  attorney  in  his  account. 

SECT.  11.  And  if  any  attorney  for  the  state,  shall  neg-  On  neglect, 
lect  to  render  such  account,  and  pay  over  the  money  by  J*16  office  to 
hiin  received,  for  the  use  of  the  state,  as  above  required,  cant""* 
his  office  shall  become  vacant ;  and  it  shall  be  the  duty 
of  the  comptroller  to  give  information,  and  certify  such 
neglect  to  the  county  court,  who  appointed  such  negli- 
gent attorney  ;  and  such  court  shall  appoint  another  at- 
torney for  the  state  in  his  place. 

SECT.  12.  All  bills  of  costs  in  criminal  prosecutions,  Bills  of  costs 
taxed  and  allowed  by  the  superior  or  county  courts,  shall  p^aSng 
be  paid  by  the  treasurer  of  the  state,  to  the  clerks  of  how  paid,  and 
such  courts  respectively,  who  shall  give  bonds  to  the  accounted  for. 
treasurer,  to  the  satisfaction  of  the  comptroller,  for  a 
faithful  performance  of  their  trust,  and  whose  duty  it 
shall  be  to  pay  over  the  same  to  the  persons  entitled  to 


164  Title  1O3.      Treasury. 

it,  taking  their  receipts  therefor :  and  all  sums  not  demand- 
ed within  six  months  after  the  rising  of  the  court,  by 
which  such  hills  of  costs  shall  have  been  taxed,  shall  be 
deemed  to  be  relinquished  to  the  state  ;  and  such  clerks 
shall  account  for  the  same  with  the  comptroller,  in  the 
next  settlement  of  their  accounts,  and  shall  be  allowed  a 

Commission,  commission  of  five  per  cent  on  all  monies  so  received  awl 
paid  out. 

Court  fees,  SECT.  13.  jt  shall  be  the  duty  of  each  of  the  clerks  of 

howac  3d  the  superior  court  to  account  and  settle  with  the  comp- 
troller, for  all  monies  received  by  him  as  court  fees,  in 
the  trial  of  any  cause  in  said  court ;  and  they  shall  be 
allowed  a  commission  of  two  and  a  half  per  cen,,  on  all 
monies  received  as  the  avails  of  said  court,  and  a  like 

Commission,  commission  on  all  monies  by  them  paid  for  the  use  of  the 
state. 

Duties  of  SECT.  14.  The  treasurer  of  each  county  shall  make  an 

entrv'  and  &ive  credit>  for  the  fines  and  forfeitures  be- 
longing to  the  county  ;  for  the  fees  of  the  court ;  for  the 
the  taxes  levied  on  the  several  towns  in  the  county  ;  and 
for  all  other  monies  belonging  to  the  county,  which  shall 
come  into  his  hands  ;  and  shall  pay  out  the  same,  to  the 
order  of  the  county  court,  to  discharge  the  expenses  of 
the  county  ;  and  shall  make  an  annual  statement  of  the 
receipts  of  money  into  the  treasury,  and  of  the  expendi- 
tures, which  shall  be  audited  by  the  judges  of  the  county 
court. 

Expenses  and  SECT.  15.  The  treasurers  of  the  several  counties,  shall 
avails  of  coun-  keep  a  true  account  of  the  expenses  of  the  county  courts, 
y  courts.  including  the  compensation  to  the  judges,  and  the  inci- 
dental expenses  of  the  court ;  and  also  of  the  avails  of 
the  court,  including  the  fines  and  penalties,  collected  and 
paid  into  the  treasury,  in  each  year :  and  it  shall  be  the 
duty  of  each  court,  at  their  session  next  preceding  the 
first  day  of  May,  annually,  to  settle  and  adjust  their  ac- 
counts ;  and  if  it  shall  appear,  that  the  avails  of  any  court 
shall  be  insufficient  to  defray  the  expenses  for  the  year 
preceding  such  settlement,  such  court  may  present  their 
vdjustment  of  accounts  to  the  comptroller,  for  adjustment  and  settle- 
•^counts.  ment ;  and  he  shall  draw  an  order,  in  favor  of  the 
treasurer  of  such  county,  on  the  treasurer  of  the  state, 
for  such  sum  as  he  shall  find  due  to  such  court ;  and  the 
treasurer  shall  pay  the  same  accordingly  :  provided,  that 
in  no  case,  shall  any  order  be  drawn  for  a  greater  sum 
than  the  amount  of  the  duties  arising  on  civil  process, 
which  shall  be  paid  into  the  treasury  of  the  state,  in  the 
year  next  preceding  the  presenting  of  their  accounts  to 
the  comptroller. 


Title  103.     Treasury.  46& 

SECT.  16.  The  clerks  of  the  several  county  courts  Clerks  of 
shall,  within  twenty  days  after  the  rising  of  their  said  tomlk/o" 
courts,  make  out  a  list  of  all  fines,  penalties,  forfeitures  Hst  Of  fines, 
and  judgments,  which  shall   accrue  to  the  benefit  of  the  &c. 
county,  to  the  treasurer ;  who  shall  charge  the  same  to 
the  attorney  for  the  state  in  such  county  ;  and  it  shall  be 
the  duty  of  such  attorney  to  render  an  account  of  all 
fines,  forfeitures  and  judgments  in  his  hands,  and  to  pay 
over  all  the  money  by  him  received,  for  the  county,  to 
the  treasurer  thereof,  when  thereto  required,  and  at  least 
once  in  each  year  ;    for  which  he   shall  be  allowed  a 
commission  of  two  and  one  half  percent. 

SECT.   17.  It  shall   be  the  duty   of  the  clerks  of  the  TO  pay  over 
county  courts  to  account  for,  and  pay  over  to  the  treasur-  court  fees. 
ers  of  the  counties,  all  monies  received  by  them  as  court 
fees,  for  the  trial  of  any  cause  or  causes. 

SECT.   18.  And  unless  otherwise  expressly  disposed  of  Disposition  of 
by  law,  all  fines,  forfeitures  and  penalties,  imposed  on  any       *'    c' 
person,  by  the  superior  court,  for  any  matter  of  delin- 
quency,  shall   belong  to  the  state  treasury  ;  if  by  the 
county  court,  to  the  county  treasury  ;  and  if  by  a  justice 
of  the  peace,  to  the  treasury  of  the  town  wherein  the 
offence  is  committed. 

SECT.   19.   Where  a  penalty  or  forfeiture  is  imposed  in  Inguitam 
a  qui  tarn  suit,  part  of  which  is  appropriated  to  the  use  of  suit9' 
the  state  or  county  treasurer,  it  shall  be  the  duty  of  the 
attorney  for  the  state  to  collect  and  pay  it  over  accord- 
ingly ;  and  he  may  obtain  execution,  in  the  name  of  the 
treasurer  of  the  state  or  county,  for  the  part  belonging 
to  them,  if  the  plaintiff  in  such  qui  tarn  suit,  in  the  opin- 
ion of  the   court,  cannot  be  safely  intrusted  with  the 
collection  of  the  money. 

SECT.  20.  The   treasurer  of  each   town,  shall  have  Duties  of 
power  to  receive  all  the  money  belonging  to  the  town  for  town  treaaur- 
taxes,  fines,  forfeitures,  debts  or  otherwise  ;  and  shall  e"' 
pay  out  the  same,  to  the  order  of  the  town  or  select-men. 
And  he  shall  make  an  annual  statement  of  the  receipts  of 
money  into  the  treasury,  and  the  expenditures,  which 
shall  be  adjusted  by  the  select-men,  and  laid  before  the 
town,  at  their  annual  meeting.     And  it  shall  be  the  duty 
of  the  town-treasurer  to  call  on  the  justices  of  the  peace 
in  the  town,  for  an  account  of  the  fines,  penalties  and 
forfeitures,   which  shall  be   received  on  judgments  by 
them  rendered,  at  least  within  one  year  after  judgment  is 
given,  and  receive  the  same  for  the  use  of  the  town. 


69 


Title  104.     Trespasses. 

TITLE  104.     Trespasses. 
CHAP.  L 


Forfeiture  for 
cutting  tim- 
ber. 


Action,  by 
whom  to  be 
brought. 


An  Act  for  detecting  and  punishing  Trespasses, 
in  divers  cases,  and  directing  proceedings 
therein. 


SECT.l. 


Forfeiture  for 
carrying  away 
bay-berries. 


Proviso  in  fa- 
vor of  persons 
acting  through 
mistake. 


BE  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives, in  General  Assembly  convened, 
That  no  person  shall  cut,  fell,  destroy,  or  carry  away  any 
trees,  timber  or  underwood,  standing  or  lying  on  the  land 
of  any  other  person,  or  on  land  sequestered  for  town  com- 
mons, or  on  any  common  and  undivided  land  in  any 
town,  without  licence  of  the  owner  or  owners,  on  pain 
that  every  such  person  so  felling,  destroying,  or  carrying 
away  the  same,  and  all  that  shall  be  aiding  and  assisting 
therein,  shall  pay  to  the  party  injured,  one  dollar  and  six- 
ty-seven cents,  for  every  tree  of  one  foot  diameter  ;  and 
for  all  trees  of  a  greater  dimension,  three  times  the  val- 
ue thereof,  besides  one  dollar  and  sixty-seven  cents  ;  and 
eighty-four  cents  for  every  tree  or  pole  under  one  foot 
diameter  ;  which  damages  shall  be  recovered  in  an  action 
of  trespass.  And  when  the  trespass  is  committed  on  com- 
mon arid  undivided  lands,  the  action  shall  be  brought  in 
the  name  of  the  proprietors  ;  and  when  on  sequestered 
lands  for  town  commons,  the  action  shall  be  brought  in 
the  name  of  the  inhabitants  of  the  town  where  the  land:? 
lie.  And  the  proprietors  of  common  and  undivided  lands, 
and  the  inhabitants  of  towns,  are  hereby  empowered,  in 
lawful  meetings,  to  appoint  agents  or  attornies,  in  their 
names,  to  prosecute  any  person  or  persons  that  shall  be 
guilty  of  a  breach  of  this  act. 

SECT.  2.  Every  person  or  persons,  who  shall  gather, 
destroy  or  carry  away  any  bay-berries,  standing  and  grow- 
ing on  another's  land,  without  leave  from  the  owner,  and 
all  who  are  aiding  and  assisting  therein,  shall  pay  treble 
damages  to  the  party  injured,  and  fifty  cents  for  every 
bushel  so  gathered,  and  at  that  rate,  for  a  greater  or  less 
quantity. 

SECT.  3.  Provided,  that  when  the  court  before  whom 
the  trial  shall  be  had.  shall  be  satisfied  that  the  defendant 
was  guilty  through  mistake,  and  believed  the  timber  or 
bay-berries,  were  growing  on  his  own  land,  they  shall 
render  judgment  against  him  for  no  more  than  the  true 
value  thereof. 


Title  104.     Trespasses.  467 

SECT.  4.  If  any  person  shall,  wittingly  and  unlawfully,  Double  dama- 
throw  down,  or  leave' open  any  bars,  gates,  fence  or  fenc-  f^uar"   ^ 
es,  belonging  to  any  particular  enclosure,  or  common  field,  throwing 
he  or  they  shall  pay  to  the  party  injured,  double  damages,  down  fence. 
and  forfeit  a  sum  not  exceeding  five  dollars,  according  to 
the  nature  and  aggravation  of  the  trespass  ;  to  be  recov- 
ered in  an  action  of  trespass. 

SECT.  5.  Every  person,  who  shall  set  fire  on  any  land  Damages  done 
that  shall  run  upon  the  land  of  any  other  person,  shall  byfire- 
pay  to  the  owner  all  the  damages  done  by  such  fire. 

SECT.  6.  If  the  plaintiff,  in  any  of  the  actions  aforesaid,  Mode  of  proof. 
shall  make  oath,  that  the  trespasses  charged  in  the  decla- 
ration, were  committed  ;  that  he  suspects  the  defendant 
committed  the  same  ;  and  shall  produce  evidence  to  ren- 
der it  highly  probable  •  he  shall  be  entitled  to  recover  the 
penalties  and  damages  aforesaid,  unless,  the  defendant 
will  acquit  himself  on  oath,  and  testify  that  he  did  not  do 
the  facts,  or  any  of  them,  charged  in  the  declaration,  and 
was  not  aiding  and  assisting  therein ;  which  oath  such 
court  is  empowered  to  administer  :  and  in  such  case,  the 
court  shall  render  judgment  in  favor  of  the  defendant  to 
recover  double  costs. 

SECT.  7.  If  any  person  shall  wilfully  commit  a  tres-  Trespass  to 
pass  upon  any  bridge  over  any  river,  creek,  or  tide-wa-    ' 
ters,  in  this  state,  by  removing  or  destroying  any  of  the 
stone,  wooden-work,  or  other  materials  belonging  to  such 
bridge;  or  shall  remove  or  destroy  any  stone,  wood,  or 
earth,  which  may  be  placed  for  the  security  or  preser- 
vation of  any  such  bridge ;  such  person  shall,  on  convic- 
tion, pay  treble  damages  to  the  town,  corporation,  or  pro-  Treble  dama- 
prietors  owning  such  bridge,  and  a  fine   not  exceeding  |^efor>  and 
seven  dollars,  for  the  use  of  the  treasury  of  the  county 
in  which  such  trespass  may  be  committed. 

SECT.  8.  If  any  person  shall  catch  any  shell-fish,  that  Shell-fish  a- 
may  grow  either  on   the  stone  or  wooden  work  of  any  bout  bridges, 
bridge,  or  on  any  stone  or  wood  which  may  be  placed  to  "n^thout  U- 
preserve  the  same,  without  the  liberty  of  the  town,  cor-  cence. 
poration,  or  proprietors  owning  such  bridge,  be  first  had 
in  writing,  such  person  shall  pay  a  fine  not  exceeding  Penalty, 
seven  dollars,  for  the  use  of  the  treasury  of  the  county 
in  which  the  facts  complained  of  are  committed. 

SECT.  9.  If  any  person  or  persons  shall  pull   down,  Defacing  mile- 
break,  or  deface  any  mile-stone,    post-guide,    or  other  stones,  &c. 
monument  for  the  direction  of  travellers  ;  or  any  railing, 
which  may  by  law  be  erected  on  any  causeway,  or  pub- 
lic road,  for  the  safety  of  travellers  ;  such  person  or  per- 
sons shall  pay  to  the  town,  corporation,  or  proprietors 
owning  such  mile-stone,  post-guide,  other  monument,  or 
railing,  treble  damages,  and  a  fine  not  exceeding  seven  Penalty. 


468 


Title  104.     Trespasses. 


Trespasses  in 


m 
unprisomnent. 


grtain 
trespassers 
notaiaying 
judgment 

i  thirty 


dollars,  for  the  use  of  the  town  where  the  offence  is  com- 
mitted. 

SECT.  10.  If  any  of  the  trespasses  before  mentioned 
in  this  act,  be  committed  by  any  person  in  the  night  sea- 
son, who,  on  conviction,  shall  refuse  or  neglect  to  pay 
the  fines  imposed,  by  virtue  of  this  act,  the  court  before 
whom  such  conviction  is  had,  shall  cause  the  delinquent 
so  refusing  or  neglecting,  to  be  imprisoned  for  a  space  of 
time,  as  the  nature  of  the  offence  may  require,  not  ex- 
ceeding sixty  days. 

SECT.  11.  Whenever  any  person  shall  wilfully,  and 
without  color  of  right,  commit  a  trespass  on  the  lands  of 
another,  by  cutting  or  destroying  any  trees,  or  carrying 
away  any  timber,  wood  or  rails  ;  or  by  destroying  or  tak- 
ing away  growing  crops  or  fruits  ;  the  party  injured  may 
bring  his  action  of  trespass  against  him,  stating  such 
facts ;  and  if,  on  trial,  they  shall  be  found  to  be  true,  the 
court  may  render  judgment  against  him  for  damages  and 
costs  ;  and  if  the  defendant  shall  not  pay  the  same  within 
thirty  days  after  the  judgment  shall  be  rendered,  he  shall 
TvitiAnthirt  ^e  comm'tted  to  the  work-house  in  the  town  where  he 
cteysAmay  be  dwells,  to  be  kept  at  hard  labor,  not  exceeding  sixty  days, 
tted  to  and  if  there  be  no  work-house  in  such  town,  then  to  the 
county  gaol  in  the  county,  there  to  be  imprisoned  for  a 
term  not  exceeding  sixty  days ;  and  the  court  shall  is- 
sue execution  accordingly.  Provided,  that  in  cases 
where  any  persons  thus  committed,  shall  be  unable  to 
pay  the  expense  of  their  support  in  prison,  the  same  shall 
be  paid  by  the  plaintiff:  and  if  such  person  shall  pay 
such  execution,  costs,  and  expenses,  he  shall  be  released 
from  the  work-house  or  gaol. 

SECT.  12.  When  any  person  or  persons  shall  take  up 
any  logs,  timber,  shingles,  or  staves,  floating,  or  floated, 
down  Connecticut  or  Ousatonnic  rivers,  the  logs  and  tim- 
ber being  fairly  marked,  and  the  shingles  and  staves  bun- 
dled up,  he  shall  seize,  bind,  or  Avell  secure  the  same  ;  and 
within  one  week  next  after  his  or  their  taking  up,  stopping 
and  seizing  the  same,  enter  the  same,  with  the  kind,  big- 
ness, length  and  marks  of  the  logs  and  timber,  the  number 
of  bundles,  and  the  kind  of  shingles  and  staves,  and  by 
whom  taken  up.  and  the  places  where  they  lie,  with  such 
clerk  or  clerks  where  strays  and  lost  goods  are  by  law  to 
Disposing  of  be  entered  ;  and  shall  let  such  logs,  timber,  shingles  and 
logs,  &c.  found  staves  lie,  without  disposing  thereof,  or  any  ways  defac- 
ing the  marks  thereon,  full  six  months  after  the  first  en- 
tering the  same ;  on  penalty  of  forfeiting  and  paying  to 
the  owner  or  owners  of  such  logs,  timber,  shingles  or 
staves,  to  wit,  the  sum  of  one  dollar  and  sixty-seven 
cents  for  every  log  or  other  stick  of  timber  not  exceed- 


Logs,  &c.  ta- 
ken up  on 
Connecticut 
or  Ousatonnic 
rivers,  to  be 
secured,  &c. 


floating,  in 
less  than  six 
months,  pro- 
hiUted. 
Penalties. 


Title  104.     Trespasses.  469 

ing  thirty  feet  in  length,  and  double  the  value  of  such 
shingles  or  staves  ;  and  thirty-four  dollars  for  every  log 
or  other  stick  of  timber,  which  exceeds  thirty  feet  in 
length.  And  every  person  or  persons  taking  up,  safe  se-  Reward  for 
curing,  and  entering  any  logs,  timber,  shingles  or  staves,  securing  drifts 
shall  be  entitled  to  a  fee  of  twenty  cents,  for  taking,  seiz- 
ing and  entering  any  log  or  stick  of  timber,  not  exceed- 
ing thirty  feet  in  length,  and  the  same  sum  for  every 
bundle  of  shingles  or  staves  ;  four  cents  and  two  mills 
whereof  shall  be  allowed  and  paid  to  the  clerk  for  enter- 
ing the  same  ;  and  seventy  cents  for  every  log  or  stick  of 
timber,  which  exceeds  that  length,  four  cents  and  two 
mills  whereofto  be  paid  to  the  clerk  as  aforesaid. 

SECT.  13.  And  no  owner  or  owners  of  such  logs,  tim-  Forfeiture  for 
ber,  shingles  or  staves,  shall   take  away  any  such  logs,  taking  them 
timber,  shingles  or  staves,  tnken  up,  secured  and  entered  seTured^60 
as  aforesaid,  until  he  has  paid  the  fees  aforesaid,  on  pen- 
alty of  forfeiting  and  paying  to  him  or  them,  that  took  up, 
secured  and  entered  the  same,  as  aforesaid,  the  sum  of 
one  dollar  and  sixty-seven  cents  for  each  log  or  stick  not 
exceeding  thirty  feet  in  length,  and  the  value  of  the  shin- 
gles and  staves  so  taken  up,  secured  and  entered,  as  afore- 
said, and  seventeen  dollars  for  each  log  or  stick  of  tim- 
ber above  thirty  feet  long. 

SECT.  14.  And  if  no  owner  appear  to  challenge,  and  If  no  owner 
make  out  his  claim  thereto,  within  six  months  next  after  appear  within 
the  entry  thereof,  it  shall  and  may  be  lawful  for  him  or  "SfB. 
them  that  took  up,  secured  and  entered  the  same,  to  dis- 
pose thereof  to  his  or  their  own  use,  without  being  ac- 
countable to  the  owners  thereof. 

SECT.  15.  And  when  any  dispute  shall  arise,  in  any  rjjgpute    how 
action  brought  on  this  act,  it  shall  and  may  be  lawful  for  to  be  adjusted. 
the  court,  or  justice  of  the  peace,  before  whom  the  trial 
may  be,  to  proceed  to  examine  the  parties  under  oath, 
and  all  other  evidence  produced  ;  and  to  make  up  such 
judgment  therein,  as  to  them  or  him  shall  appear  equit- 
able and  just. 

SECT.  1G.  No  person  or  persons  shall  stop,  take  up,  or  Nomast,  &c. 
interrupt,  any  mast,  yard,  or  spar,  v/hich  exceeds  forty  which  exceeds 
feet  in  length,  floating  down  Connecticut  river,  within  forty  feet  m 
this  state,  above  Middlelown,  unless  authorized  thereto,  i^fionnecti* 
by  the  owner,  except  he  or  they  carry  the  same  into  the  cut  river,  tobe 
cove  at  Wethersfield.     And  whoever  shall  stop,  take  up,  taken  up,  a- 
or  interrupt  any  mast,  yard,  or  spar,  contrary  to  this  sec-  \%™n  ^n^g" 
tion,  shall  be  liable  to  double  damages  that  may  accrue  carried  into 
to  the  owner  of  said  mast,  yard,  or  spar,  to  be  by  him  re-   vVethersfieH 
covered  in  any  court  within  this  state,  proper  to  try  the  covev 
same. 


470  Title  105.     Turnpike  Roads. 

Breaches  of  SECT.  1 7.  Any  one  justice  of  the  peace  of  the  tow», 
fore  whomtri-  not  interested  in  anv  suit;  brought  for  a  breach  of  this 
ed.  act,  shall  have  jurisdiction  thereof,  except  when  the 

damages  demanded  amount  to  more  than  thirty-five  dol- 
lars ;  any  thing  in  any  law  to  the  contrary  notwithstand- 
ing. 

CHAP.  II. 

An  Act  to  detect  and  punish  Trespasses  com- 
mitted in  the  night  season. 


B 


E  it  enacted  by  the.  Senate  and  House  of  Repre- 
sentatives, in  General  Assembly  convened,  That 
Mode  of  proof,  when  any  damage  is  done  in  the  night  season,  in  a 
iTdone^the  secret  manner,  the  party  injured  may  speedily  prefer  his 
night  season,  complaint  against  the  person  he  suspects  to  have  done  the 
wrong,  to  any  court  or  justice  of  the  peace,  who  may 
forthwith  issue  a  precept,  and  bring  such  suspected  person 
before  them  or  him  ;  and  if  the  plaintiff  can  adduce  suffi- 
cient testimony  to  render  it  probable,  that  the  defendant 
committed  the  injury,  he  shall  be  adjudged  guilty  ;  unless 
he  shall  offer  to  be  examined  on  oath  :  and  such  court  shall 
have  power  to  administer  an  oath  to  the  defendant,  and 
to  enquire  of  him,  as  well  as  of  all  other  witnesses  produc- 
ed. by  the  party,  respecting  the  matter  complained  of. 
And  if  the  defendant  can  satisfy  the  court,  that  he  did  not 
commit  the  injury  complained  of.  and  was  not  aiding 
therein,  he  shall  be  acquitted,  and  recover  his  costs  ;  but 
if  he  cannot,  he  shall  be  liable  to  answer  for  all  the  dam- 
ages the  plaintiffhas  sustained,  with  the  costs. 

TITLE  105.      Turnpike  Roads. 
An  Act  relating  to  Turnpike  Roads. 


E  it  enacted  by  the  Senate  and  House  of  Rep  - 
rescntntives,  in  General  Assembly  convened, 

Senate  to  ap-  That  the  senate.  during  the  session  of  the  general  assem- 
bl>'  in  Ma>>  shal1  annua11)  aPP»int  on  each  of  the  turnpike 


"Wj 
jj 


turnpike  roads,  which  now  are,  or  hereafter  shall  be  established, 

roads;  by  law,  in  this  state,  two  commissioners,  who  shall   be 

called  commissioners  of  turnpike  roads  ;  and  it  shall  be 
the  duty  of  said  commissioners,  before  the  twentieth  day 
of  June,  in  each  year,  and  at  other  times,  if  in  their 
opinion,  the  public  good  shall  require  it.  carefully  to  in- 
spect the  several  turnpike  roads,  on  which  they  may  be 


Title  105.     Turnpike  Roads.  471 

appointed  commissioners,  as  aforesaid  ;  and  in  the  case 

of  the  death  or  resignation  of  any  commissioner,  during  vacancies, 

the  recess  of  the  general  assembly,  such  vacancy  may  be  how  supplied. 

iupplied  by  appointment  by  the  governor,  until  the  next 

session  of  the  general  assembly ;  and  the  clerk  of  the  WhQ  ^    .^ 

senate,  or  secretary  of  the  governor,  shall  give  notice  to  notice°ofm 

the  commissioners  appointed,  of  their  said  appointment,  appointment. 

as  soon  as  may  be. 

SECT.  2.  Whenever,  in  the  opinion  of  said  commis-  Power  of  com- 
sioners,  any  turnpike  road,  which  it  may  be  their  duty  missioners. 
to  inspect,  shall  not  be  kept  in  good  and  sufficient  repair, 
such  commissioners  shall  have  power,  and  they  are  here- 
by fully  authorized,  to  order  the  gate,  or  gates  on  such 
insufficient  road,  to  be  thrown  open,  and  to  cause  that  the 
same  remain  open,  and  no  toll  received,  for  passing 
on  said  road,  until  said  road  shall  be  placed  in  such  a 
state  of  repair,  as  shall  be  acceptable  to  said  commission- 
ers ;  and  it  shall  be  the  duty  of  the  commissioners,  on 
the  several  turnpike  roads,  to  give  reasonable  notice  in 
writing,  to  the  clerk  of  the  proprietors  of  such  road,  of 
the  time  when  they  shall  inspect  the  same,  and  after  such 
inspection,  like  notice  to  the  clerk  of  said  company,  of 
any  order  or  orders,  which  may  be  made  relative  thereto. 

SECT  3.  It  shall  be  the  duty  of  said  commissioners,  to  Commission- 
require  suitable  railings,  to  be  erected  at  such  place  or  q^ 
places,  on  the  respective  roads,  on  which  they  are  com-  &c.  on  the 
missioners,  where  they  may  consider  them  necessary  ;  roads, 
and  the  expense  of  such  railings,  and  of  all  other  improve-  Expense,  how 
ments,on  such  roads,  which  may  be  required  by  said  com-  Paid,  &c. 
missioners,   shall  be  defrayed    by  the  proprietors  of  the 
respective  roads,  on  which  such  railings  may  be  erected, 
or  improvements  made ;  and  the  whole  amount  of  the 
expense,  to  which  such  proprietors  may  be  subjected,  as 
aforesaid,  excepting  the  expense  of  making  the  ordinary 
and  necessary  repairs,  shall  be.nddedto  the  capital  stock  Commission- 
of  such  proprietors  ;  and  all  such  claims  and  charges  shall  ers  to  liqui- 
be  liquidated,  and  allowed,  by  said  commissioners.  date  exPenses- 

SECT.  4.  Whenever  said  commissioners,  shall  order  any  To  limit  the 
repairs  or  improvements  to  be  made,  as  aforesaid,  on  any  *ime  for  .msak" 
turnpike  road,  they  shall  limit  such  time  for  that  purpose,  J£f  -n 
as  they  shall  judge  reasonable,  and  give  notice  thereof, 
in  writing,  to  the  clerk  of  the  turnpike  company,  to  whom 
it  shall  belong  to  repair  and  improve  such  road  ;  and  if 
such  company  shall  neglect  to  repair  such  road,  after  re- 
ceiving such  notice,  for  the  space  of  one  month  after  tin* 
time  limited  as  aforesaid,  their  charter  may  be  declared 
void,  on  application  to  the  general  assembly,  for  that 
purpose. 


472 

To  state  the 
accounts  of 
the  company 


in  what  man 
ner ; 


where  to  be 
kept. 


In  what  cases, 
one  commis- 
sioner  may 
act,  Sic. 


Compensation 
of  commis- 
sioners. 


Turnpike 
companies 
may  open 
drains  and 
water-con  rs- 


Titk  105.     Turnpike  Roads. 

SECT.  5.  It  shall  be  the  duty  of  the  commissioners, 
which  are  or  may  be  appointed,  to  inspect  the  several 
turnpike  road?,  to  state  the  accounts  of  the  several  com- 
panies in  such  form  as  shall  be  prescribed  by  the  treas- 
urer of  this  state,  for  the  time  being ;  and  the  capital 
stock  of  each  company  allowed,  and  which  shall  be  duly 
allowed,  from  time  to  time,  shall  be  stated  in  one  account; 
and  the  annual  repairs  and  expenses,  and  the  tolls  an- 
nually received,  shall  be  stated  in  a  distinct  and  separate 
account ;  and  the  said  treasurer  shall  procure,  and  furnish 
said  commissioners,  with  printed  blank  forms  for  that 
purpose.  And  such  accounts  shall  be  annually  adjusted 
and  stated,  and  returned  to  said  treasurer,  who  shall 
make  a  report  thereof  to  the  general  assembly  ;  and  the 
same,  being  allowed,  shall  be  registered  by  the  treas- 
urer, in  a  book  to  be  kept  for  that  purpose  ;  and  the 
originals  shall  be  lodged  and  kept  on  file,  in  the  treasur- 
er's office.  And  said  commissioners  shall  also  lodge  with 
the  clerks  of  the  respective  turnpike  companies,  annually, 
duplicates  of  the  accounts  by  them  stated  and  adjusted, 
as  aforesaid.  And  all  necessary  expenses,  which  the  com- 
missioners shall  allow,  in  pursuance  of  any  law  authorize 
ing  the  same,  may  be  charged  in  the  account  againt  such 
road,  and  when  so  charged,  the  items  thereof  shall  be 
specified ;  but  no  deficiency  of  interest  shall  be  charged 
as  an  addition  to  the  stock  of  any  company. 

SECT.  6.  Any  one  of  the  commissioners  is  hereby  au- 
thorized to  do  and  perform,  any  and  all  the  duties  required 
by  this  act,  relating  to  the  roads,  wherein  they  are  or  may 
be  appointed  commissioners,  excepting  when  said  com- 
missioners deem  it  proper  that  both  of  them  should  at- 
tend upon,  and  perform  such  duties  ;  and  in  all  cases, 
where  improvements  or  repairs  are  ordered  to  be  made 
on  any  turnpike  road,  it  shall  be  the  duty  of  one,  only, 
of  the  commissioners,  to  review  said  road,  and  determine 
whether  such  improvements  or  repairs  are  made. 

SECT.  7.  Each  of  said  commissioners,  shall  be  allowed 
the  sum  of  two  dollars  for  each  day,  he  shall  be  employ- 
ed in  rendering  the  services  required  of  him  by  this  act; 
which  shall  be  paid  by  the  turnpike  company,  on  whose 
road  he  may  have  been  appointed  as  aforesaid  ;  and  shall 
also  constitute  a  part  of  the  capital  stock  of  such  turn- 
pike company. 

SECT.  8.  Whenever  there  shall  be  occasion  to  make 
any  drain,  or  clear  any  water-course,  on  any  place  or 
places,  where  water  may  drain  off  from  any  turnpike 
road,  to  make  the  same  dry,  and  better  to  pass  on,  the 
turnpike  companies  which  now  are,  or  hereafter  shall  be 
incorporated,  or  the  directors  thereof,  with  such  persons 


Title  105.     Turnpike  Roads.  173 

as  they  shall  employ,  attending  them,  may,  and  they  are 
hereby  empowered  to  make  such  drains,  and  clear  such 
water-courses,  and  places  where  water  may  drain  off 
from  such  turnpike  road,  into  or  through  any  person's 
land,  or  possessions,  so  far  as  may  be  necessary,  suffi- 
ciently to  drain  the  water  off,  from  such  turnpike  road. 

SECT.  9.  The  directors  of  the  several  turnpike  com-  Directors  may 
panics,  may  contract  with  any  person,  to  use  their  road,  contract  for 
and  pass  their  gates,  for  any  sum,  and  term,  as  may  be  use  of  their 
agreed  upon. 

SECT.  10.  Whenever  any  person,  in  going  from  town  persons  avoid- 
to  town,  or  from  place  to  place,  shall  travel  upon  a  turn-  ing  gates  liable 
pike  road,  and  with  intent  to  avoid  the  payment  of  toll,  topaythetoll; 
shall,  before  coming  to  a  gate,  depart  from  said  road,  and 
afterwards,  beyond  such  gate,  shall  return  to,  and  travel 
upon  said  road,  such  person  shall  be  liable  to  pay  the 
same  toll,  as  if  he  had  passed  said  gate,  and  if  sued  there- 
for, and  judgment  be  rendered  for  the  plaintiff,  such  per- 
son shall,  at  the  discretion  of  the  court,  be  liable  to  pay 
double  costs  ;  and  if  any  person  passing  a  turnpike  gate,  and  double 
shall  refuse  to  pay  the  toll,  by  law  payable  at  such  gate,  costs. 
and  be  sued  therefor,  and  judgment  be  rendered  for  the 
plaintiff,  such  person  shall,  at  the  discretion  of  the  court, 
be  liable  to  pay  double  costs. 

SECT.  11.  In  all  cases  where  the  incorporating  act  of  What  bridges 
any  turnpike    company,  does  not  designate  what  bridges  *°  be  built? 
on  their  road,  shall  be  built  by  them,  and  those  which  company 
shall  be  built  by  the  town  where  situated,  and  such  com- 
pany, in  building,  and  putting  such  road  in  repair,  have 
built  any  bridge  or  bridges,  which  otherwise  might  have 
belonged  to  the  town,  where  situated,  to  have  built,  it 
shall  be  conclusive  evidence  that  such  bridge  or  bridges, 
belong  to  such  company  to  build  and  keep  in  repair  ;  and  Commission- 
in  all  cases,  where  any  bridge  on  any  turnpike  road,  be-  erstodesig- 
longs  to  any  town  to  build  and  repair,  it  shall  be  the  duty  nate  theabut- 


of  the  commissioners  of  such  road,  (both  parties  being  no-  S^to  be  buift 

tified  or  present,)  to  ascertain  and  designate,  by  suitable  by  towns,  on 

bounds  and  description,  the  extent  of  its  abutments  from  turnPike 

the  bridge,  and  cause  such  description  to  be  lodged  with  roads>  &Cl 
the  clerk  of  the  town,  where  such  bridge  is  situated. 

SECT.  12.  The  clerk  of  each  turnpike  company  shall,  Clerks  of  com- 

within  one  month  after  the  annual  meeting  of  said  compa-  pamc.s  to  cer' 

ny,  certify  in  writing,  to  one  of  the  commissioners  of  the  of  directors'169 

road,  belonging  to  such  company,  the  names  of  the  per-  &c.  or 
sons  chosen  directors  and  treasurer  of  such  company,  for 
that  year  ;  and  if  such  clerk  shall  neglect  to  certify  as  a- 
foresaid,  it  shall  be  the  duty  of  such  commissioners,  to  set 

and  keep  open  the  gates  on  such  road,  until  they  shall  gates  to  be 

receive  such  certificate.  setopei. 
60 


474 


Title  105.      Turnpike  Roach: 


Directors,  &c. 
to  attend  with 
commission- 
ers. 

To  settle  ac- 
counts ; 

or  gates  to  be 
set  open. 


Rates  of  toll 
established. 


Half  toll. 


What  exemp- 
tions to  be 
made,  by  the 
company. 


SECT.  13.  Whenever  the  commissioners  of  any  turn- 
pike road,  shall  give  notice  to  one  of  the  directors  or  treas- 
urer of  the  company,  of  the  time  and  place  of  their  atten- 
dance, to  settle  the  accounts  of  said  company,  and  said 
director,or  treasurer  shall  neglect  or  refuse  to  attend, and 
settle  the  same,  it  shall  be  the  duty  of  such  commissioners, 
to  cause  the  gates  on  such  road,  to  be  kept  open,  until  such 
settlement  be  made. 

SECT.  14.  The  several  turnpike  companies  in  this  state, 
are  authorized  to  collect  and  receive,  in  the  following 
cases,  the  toll  following,  at  each  gate,  where  a  whole  toll 
is  allowed  by  law,    to  wit  : 
For  each  waggon,  the  body  not  hung  on  springs,  drawn 

by  one  horse,  six  cents  and  three  mills. 
For  each  four  wheeled  pleasure  carriage,  drawn  by  one 

horse,  eight  cents. 

For  each  waggon,  or  four  wheeled  carriage,  for  transport- 
ing loads,  when  drawn  by  two  beasts  only,  twelve  cents 

and  five  mills. 

For  each  additional  beast,  three  cents. 
If  such  waggons  or  four  wheeled  carriages  are  empty,  half 

the  sums  aforesaid. 
For  loaded  carts,  or  ox  waggons,  drawn  by  four  beasts. 

twelve  cents  and  five  mills. 
For  each  additional  beast,  three  cents. 
For  empty  carts  or  ox  waggons,  only  half  the  aforesaid 

sums. 

And  at  each  gate,  where  only  a  half  toll  is  by  law  allowed, 
half  the  aforesaid  tolls,  and  no  more,  shall  be  collectible 
in  the  cases  aforesaid.  And  this  act  shall  not  aflfect  the 
toll  prescribed  by  the  act  incorporating  any  turnpike  com- 
pany. 

SECT.  15.  No  turnpike  company  shall  take  benefit  of 
the  provisions  of  the  last  section,  unless  such  compa- 
ny have  passed,  or  shall  pass  a  by-law,  or  vote, making  the 
following  exemptions,  to  wit  :  All  persons  travelling 
for  the  purpose  of  going  to,  or  returning  from  any  meet- 
ing, for  the  purpose  of  public  worship,  if  such  meet- 
ing is  held  in  the  same,  or  next  adjoining  town ;  and 
also,  all  persons  going  to,  or  returning  from  funerals,  in 
the  same,  or  next  adjoining  town  ;  all  officers  and  sol- 
diers going  to,  or  returning  from  military  duty,  by  or- 
der of  law,  or  by  authority  of  this  state,  or  of  the  Unit- 
ed States  ;  all  persons  going  to,  or  returning  from  grist- 
mills, on  horse-back  or  with  carriages,  unless  they  tra- 
vel more  than  four  miles  on  such  road  ;  all  persons  going 
to.  or  returning  from  their  usual  and  ordinary  farming  bu- 
siness, unless  they  travel  more  than  four  miles  on  such 
road  :  all  persons  going  to,  or  returning  from  any  town,  or 


Title  105.     Turnpike  Roads.  475 

society,  or  electors'  meetings.  And  such  company  shall 
transmit  a  copy  of  such  vote  or  by-law,  (when  the  same 
has  not  already  been  done.)  to  the  secretary  of  this  state, 
and  also  lodge  a  like  copy,  with  one  of  the  commissioners 
on  said  road. 

SECT.  16.  If  any  person  shall  make  any  encroachment  Encroach- 
on  any  highway,  on  which  a  turnpike  is  now,  or  here-  j^1^" 
after  shall  be,  by  law,  established,  the  president  and  direc-  roads'1  how 
tors  of  such  turnpike  road,  or  the  board  of  directors,  in  removed. 
those  turnpike  corporations,  in  which  there  is  no  presi- 
dent for  the  time  being,  or  a  committee  appointed  by 
them  for  that  purpose,  are  hereby  directed  and  empower- 
ed, to  give  notice  in  writing,  to  the  person  or  persons,  who 
may   make   such   encroachment,  to   remove  the  same. 
And  if  the  person  or  persons  warned  as  aforesaid,  do  not 
cause   such   encroachment  to  be   removed,  within  one 
month  after  notice  shall  have  been  given  as  aforesaid,  it 
shall  be  lawful  for  such  president  and  directors,  or  such 
board  of  directors,  or  such  committee  appointed  by  them 
as  aforesaid,  to  remove  the  same  ;  and  the  expense  of  re- 
moving such  encroachment,  shall  be  recovered  by  such 
president  and  directors,  or  such  board  of  directors,  of  the 
person  or  persons  by  whom  the  same  shall    have  been 
made,  by  action,  before  any  court  proper  to  try  the  same. 
And  when  any  encroachment  on  any  turnpike  road  shall  Encroach- 
have  been  once  removed,  as  aforesaid,  if  the  same  shall  mtnts  repeat- 
again  be  made,  it  shall  be  lawful  for  such  president  and  ed>h°w  re- 
directors,  or  such  board  of  directors,  or  such  committee 
appointed  as  aforesaid,  to  remove  the  same,  without  giv- 
ing further  notice.     And  every  person  prosecuted  for  re- 
moving such  encroachment,  and  convicted,  shall  incur  a 
penalty  of  seven  dollars,  for  every  such  offence,  to  be  re-  Penalty. 
covered  by  such  president  and  directors,   or  such  board 
of  directors,  as  aforesaid.     And  no  appeal  shall  be  allow-  No  appeal. 
edin  any. suit,  which   may  be  brought  by  virtue  of  the 
provisions  of  this  section. 

SECT.  17.  The  property  of  all  trees  now  growing,  or  Certain  rights 
which  shall  hereafter  be  set  out  for  shade  or  ornament,  for^and  New- 
within  the  limits  of  the  highway,  purchased  by  the  Hart-  Haven  turn- 
ford  and  New-Haven  turnpike  company,  and  of  all   the  pike  company 
stones  and  other  materials,  suitable  for  making,  or  repair-  secured- 
ing  said  road,  which  were  left  on  said  road,  when  the  same 
was  opened,  and  are  now  remaining  thereon,  shall  be,  and 
the  same  is  hereby  vested  and  established  in  said  compa- 
ny.    And  each  and  every  person,  who  shall,  without  the 
permission  of  said  company,  take  up,  cut  down,  or  destroy  Penalty  for 
any  such  tree,  or  trees,  or  shall  remove  off  said  road,  any 
stones  or  other  materials,  as  aforesaid,  shall  forfeit  to,  and 
for  the  use  of  said  company.  Ihrne  times  the  value  of  such 


4/6  Title  106.     Usury, 

trees,  stories  or  other  materials ;  and  for  each  tree  so 
taken  up,  cut  down,  or  destroyed,  a  further  sum  of  two  dol- 
lars, besides  the  threefold  value  thereof,  as  aforesaid  ; 
and  said  forfeiture  may  be  recovered  by  suit  or  action,  in 
the  name  of  the  company  only,  and  for  their  use,  before 
any  court  of  record  proper  to  try  the  same.  But,  no  tree 
Proviso.  or  trees,  now  standing,  or  which  may  hereafter  be  set  out, 

m:front  of,  or  near  any  dwelling-house,  for  shade  or  orna- 
ment, shall  be  liable  to  be  removed  by  said  company, 
without  the  approbation  of  the  commissioners,  appointed 
to  inspect  said  road. 

TITLE  106.     Usury. 
An  Act  to  restrain  the  taking  of  Usury. 

1     ^-^^  ^  enacted  ty  thf  Senate  and  House  of  Pep- 
JCP  resentatives,  in  General  Assembly  convened, 

Usurious  con-  That  no  person  or  persons,  upon  any  contract,  shall  take, 
tracte  void.  directly  or  indirectly,  for  the  loan  of  money,  or  any  goods, 
wares  or  merchandize,  or  any  property  whatever,  above 
the  value  of  six  dollars,  for  the  forbearance  of  one  hun- 
dred dollars  fora  year,  and  so  after  that  rate,  for  a  great- 
er or  less  sum,  or  for  a  longer  or  shorter  time  ;  and  all 
honds,  contracts,  mortgages  and  assurances  whatever, 
made  for  the  payment  of  any  principal  or  money  lent, 
or  covenanted  to  be  lent,  upon  or  for  usury,  whereupon, 
or  whereby,  there  shall  be  reserved  or  taken  above  the 
rate  of  six  dollars  for  the  hundred,  as  aforesaid,  shall  be 
utterly  void. 

Forfeiture  for  SECT.  2.  Every  person,  who  shall  take,  accept,  and  re- 
taking usury,  ceive,  by  means  of  any  corrupt  bargain,  loan,  or  ex- 
change, or  deceitful  conveyance,  or  by  any  other  means, 
for  the  forbearance  or  giving  day  of  payment  for  a  year, 
of  and  for  money,  or  any  other  property,  above  the  sum 
of  six  dollars  for  the  forbearance  of  one  hundred  dollars 
for  a  year,  and  after  that  rate  for  a  greater  or  less  sum,  or 
for  a  longer  or  shorter  time,  shall  forfeit  the  value  of  the 
money  or  other  property  so  lent,  bargained,  sold,  or 
agreed  for ;  one  half  to  him  who  shall  prosecute  to  ef- 
fect, and  the  other  half  to  the  treasury  of  the  state. 
Defendant  SECT.  3.  And  in  any  action,  brought  on  any  bond,  bill, 

may  file  his       or  mortgage,  or  any  contract  whatever,  it  shall  be  lawful 
SuT"1  for  the  Defendant  .to  inform  the  court  before  which  the  ac- 

tion is  pending,  by  filing  his  complaint  with  the  clerk,  on 
Parties  may  tne  second  day  of  the  session  of  the  court,  that  such  con- 
be  examined  tract  was  given  on  a  usurious  consideration;  and  in  that 


Title  107.      Vexatious  Suits. 

case,  the  court  shall  proceed  to  enquire  into  the  truth 
of  such  complaint,  as  a  court  of  equity,  and  may  ex- 
amine the  parties  on  oath,  and  may  receive  any  oth- 
er proper  testimony  ;  and  if  the  plaintiff  shall  refuse 
to  be  examined  on  oath,  he  shall  become  nonsuit,  and 
the  defendant  shall  recover  his  costs.  And  if  the  court 
shall  find,  that  the  contract  was  given  upon  usurious 
consideration,  they  shall  proceed  to  adjust  the  same  in 
equity,  and  shall  give  judgment  for  the  plaintiff  to  re-  Judgment, 
cover  no  more  than  the  value  of  the  goods,  or  the 
principal  sum  of  money,  which  the  defendant  receiv- 
ed, without  interest,  or  any  advance  on  the  same.*  And 
the  like  proceedings  may  be  had  in  any  cause  pending  be- 
fore a  justice  of  the  peace. 

TITLE  107.      Vexatious  Suits. 
An  Act  to  prevent  Vexatious  Suits. 

E  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Assembly  convened,  That  if  any  per-  Persons  bring 
son  shall  commence  and  prosecute  any  suit  or  complaint  in£  vex"* 
against  another,  in  his  own  name,  or  the  name  of  others,  l"^'^' 


B 


without  probable  cause,  and  with  a  malicious  intent,  un-  damages,  and 
justly  to  vex  and  trouble  him,  he  shall  be  liable  to  pay  to  be  fined. 
treble  damages  to  the  party  injured,  and  to  be  fined  the 
sum  of  seven  dollars  to  the  use  of  the  treasury  of  the 
county  where  the  offence  is  committed  ;  and  for  the  third 
offence  such  person  shall  be  proceeded  against  as  a  com- 
mon barrator. 

TITLE  108.      Weights  and  Measures. 
An  Act  relating  to  Weights  and  Measures. 

13  E  it  enacted  by  the  Senate  and  House  of  Rep - 
_D  resentatives,  in  General  Assembly  convened, 
That  there  shall  be  kept  at  the  treasury  office,  to  be  in  ^"htstnd 
the  custody,  and  under  the  care  of  the  treasurer  of  the  m3sures  to 
state,   for  the  time  being,  the  following  measures  and   be  kept  at  the 
weights,  that  is  to  say:  a  half  bushel  brass  measure,  of  treasury  office, 
the  capacity  of  one  thousand  and  ninety-nine  cubic  inch- 
es ;  also,  a  brass  peck  measure,  of  half  the  said  capacity, 
and  a  brass  half  peck  measure,  of  one  quarter  of  the  said 
capacity,  to  be  called  by  those  names  respectively,  which 
shall' be  the  standard  of  corn  measures  ;  also,  a  brass  ves- 
sel, of  the  capacity  of  two  hundred  and  thirty-one  cubic 


478  Title  108.      Weights  and  Measures. 

inches,  which  shall  be  the  standard  wine  gallon  measure  ; 
and  a  brass  vessel,  of  the  capacity  of  two  hundred  and 
eighty -two  cubic  inches,  which  shall  be  the  standard  ale 
or  beer  gallon  measure  ;  also,  a  brass  or  iron  rod  or  plate, 
of  one  yard  in  length,  divided  into  three  equal  parts, 
for  feet  in  length,  and  one  of  those  parts,  subdivided  in- 
to twelve  equal  parts  for  inches,  which  shall  be  the  stand- 
ard of  those  measures  respectively  ;  and  also,  brass 
weights,  of  one,  two,  four,  seven,  fourteen,  twenty-eight, 
and  fifty-six  pounds,  which  shall  be  the  standard  of  avoir- 


x  pou 
ights. 


Duty  of  treas-  dupoise  weights.     And  it  shall  be  the  duty  of  the  said  treas- 
urer in  rela-      urer,  personally,  or  by  some  proper  person  or  persons,  by 
hon  thereto.      jjjm  appOmted,  to  try  all  such  weights  and  measures  as  shall, 
pursuant  to  the  provisions  of  this  act,  be  presented  to 
him  to  be  tried,  by  the  proper  standard,  and  to  seal  such 
as  shall  be  found  true,  with  the  capital  letters,  S.  C. 
County  treas-       SECT.  2.  The  treasurer  of  each  county,  for  the  time 
s\randardkeeP    keing,  sna^  cons^antly  keep  and  preserve  in  good  order, 
weights  and      weights  and  measures,  correspondent  to  all  the  aforesaid 
measures ;        standards,  and  of  like  materials,  and  see  that  they  are  tri- 
ed and  sealed   by  those  standards  ;  and  if  any  county 
on  penalty.        treasurer,  shall  neglect  to  keep  any   of  the  weights  or 
measures  aforesaid,  he  shall  forfeit  seventeen  dollars,  for 
every  three  months  of  such  neglect,  to  be  recovered  by 
suit  of  the  state's  attorney  for  such  county,  for  the  use  of 
Their  duty        the  county  treasury:   and  it  shall  be  the  duty  of  the 
herein.  treasurer  of  the  county,  for  the  time  being,  either  per- 

sonally, or  by  some  proper  person  or  persons,  by  him  ap- 
pointed for  that  purpose,  to  try  all  such  weights  and  meas- 
ures, as  shall,  pursuant  to  the  provisions  of  this  act,  be  pre- 
sented to  him  to  be  tried,  by  the  county  standard,  and  to 
seal  such  as  shall  be  found  true,  with  the  capital  letter  C., 
and  also  with  the  letter  which  begins  the  name  of  the 
county. 

Select-men  ^  SECT.  3.  The  select-men  of  each  town,  shall,  at  all 
ard^'w-eiffhts  t'imes>  see  that  weights  and  measures,  of  the  various 
and  measures,  kinds  aforesaid,  are  provided  for  their  respective  towns, 
for  their  at  the  cost  and  charge  thereof,  as  standards  for  such 

town,  which  shall  be  of  good  and  sufficient  materials;  and 
those  of  the  standard  for  liquid  measure,  shall  be  of  cop- 
per, brass,  or  pewter;  and  cause  the  same  to  be  tried,  and 
sealed,  by  the  count)  standards.  And  they  shall,falso,  see 
that  vessels  for  corn  measure,  of  the  following  forms  and 
dimensions,  are  provided,  for  the  standards  of  their  re- 
spective towns,  to  wit :  a  two  quart  measure,  the  bot- 
tom of  which,  on  the  inside,  is  four  inches  wide,  on  two 
apposite  sides,  and  four  inches  and  an  half,  on  the  oth- 
er two  sides,  and  its  height  from  thence,  seven  inches 
and  sixty-three  hundrcths  of  an  inch  ;  a  quart  measure, 


Title  108.      Weights  and  Measures.  479 

the  capacity  of  which  is  three  inches  square  from  bottom 
to  top  throughout,  and  its  height,  seven  inches  and  sixty- 
three  hundreths  of  an  inch ;  and  a  pint  measure,  the  ca- 
pacity of  which,  from  bottom  to  top,  is  three  inches 
square  throughout,  and  its  height,  three  inches  and  eigh- 
ty-two hundreths  of  an  inch  ;  and  in  default  thereof,  such 
select-men  shall,  on  conviction,  before  a  justice  of  the  pena]ty. 
peace,  forfeit  and  pay  a  fine  of  seven  dollars,  the  one  half 
to  him  who  shall  prosecute  the  same  to  effect,  and  the 
other  half  to  the  town  treasury.  And  all  informing  offi- 
cers are  required  to  inquire  after,  and  due  presentment 
make,  of  all  breaches  of  this  act :  and  after  such  convic- 
tion, the  select-men,  for  the  time  being,  shall  incur  a 
like  penalty  for  every  two  months,  they  shall  neglect 
their  duty  herein  prescribed,  or  shall,  at  any  time,  fail  to 
preserve  such  weights  and  measures  true,  and  in  good  or- 
der, for  the  use  of  the  town,  to  be  recovered  as  aforesaid, 
for  the  use  aforesaid. 

SECT.  4.  The  sealer  of  weights  and  measures  in  each  Duty  of  sealer 

/.     ,          .  ,.,01  weights  and 

town,  shall  have  the  custody   and  sale  keeping   of  the  meagures. 

weights  and  measures  belonging  to  the  town,  and  it  shall 
be  his  duty,  once  in  every  year,  to  try  the  several  weights, 
steelyards  and  measures,  that  are  used  by  any  person  in 
su-'h  town,  by  the  town  standards  ;  to  deface  and  destroy 
such  as  cannot  be  brought  to  compare  with  the  standard, 
and  to  seal  with  the  capital  letter,  initial  in  the  name  of 
the.town,  such  as  are  found  or  made  true  ;  and  such  seal- 
er shall,  some  time  in  the  month  of  April,  yearly,  give  no- 
tice to  the  inhabitants  of  the  town,  by  a  writing  posted  on 
the  sign-posts,  and  other  public  places  in  the  town,  to 
bring  their  steelyards,  weights  and  measures,  at  the  time 
and  place  therein  fixed,  to  be  tried  and  sealed.  And  if 
any  person  shall,  for  the  purpose  of  buying  or  selling,  use  w 
any  weight  or  measure,  until  the  same  shall  have  been  measures. 
sealed,  in  manner  aforesaid,  he  shall,  for  every  such  of- 
fence, forfeit  the  sum  of  two  dollars,  one  half  for  the  ben- 
efit of  the  town,  in  which  such  offence  shall  be  committed, 
and  the  other  half  to  the  sealer  of  weights  and  measures 
for  said  town,  whose  duty  it  shall  be  to  prosecute  the  same  easor 
to  effect :  and  every  sealer  who  shall  neglect  his  duty  re-  neglect  of 
quired  by  this  act,  shall  forfeit  the  sum  of  five  dollars,  for  duty, 
every  such  neglect,  to  the  town  treasury.  Charcoal  &e. 

SECT.  5.  The  half  bushel  measure,  anj^the  parts  therej-  how  meas- 
rpf,  herein  jjcscTffie'd,  shall  .tie  the  starulardjieasures.,  for  ured- 
^trcoai,"aH  kin'Js  of  fruitiTand  vegetables,  and  shell  fish, 
whe>i  sold  by  measure;  and  in  measuring  the  said  articles, 
the  measures  shall  be  well  heaped. 


480 


Title  109.     Work-Houses. 


TITLE  109.     Work-Homes. 

An  Act  authorising  towns  to  erect  Work-Houses, 
or  Houses  of  Correction. 


SECT.   1. 


Powers  of 
towns  in  re- 
lation to 
work-houses. 


Overseers  of 
work-house. 
Their  powers 
and  duties. 


Duties  of  the 
master. 


Escape  oi 
prisoners. 

Punishment. 


E  it  enacted  by  the  Senate  and  House  ofRep- 
I  resentatives,  in  General  Assembly  convened, 
That  the  several  towns  shall  have  power  to  establish 
work-houses,  or  houses  of  correction  therein  ;  to  erect 
and  provide  suitable  buildings,  with  cells  or  apartments, 
proper  for  the  confinement  of  offenders  sentenced  there- 
to ;  to  furnish  materials  for  the  work  of  those  who  are 
ordered  to  labor;  to  direct  the  kind  of  labor,  and  the 
manner  and  place  in  which  it  is  to  be  performed,  either 
within,  or  without  the  work-house  ;  aiid  to  make  all  regu- 
lations necessary  to  carry  this  law  into  effect,  not  incon- 
sistent with  the  laws  of  the  state. 

SECT.  2.  The  select-men  of  each  town  shall  he  the 
overseers  of  the  work-house  therein  :  they  shall  have 
power  to  appoint  some  meet  person  to  be  the  master  or 
keeper  of  the  same  :  they  shall  superintend  and  direct 
the  master,  as  to  the  management,  labor  and  food  of  the 
prisoners  :  they  shall,  once  in  three  months,  at  least,  visit 
such  work-house  :  they  shall  see  that  the  Jaw  is  duly 
executed:  they  shall  take  care  that  the  prisoners. are 
suitably  provided  for,  and  not  exposed  to  abuse,  or  op- 
pression :  and  if  the  master  shall  be  guilty  of  miscon- 
duct, they  may  remove  him,  and  appoint  another  in  his 
place. 

SECT.  3.  It  shall  be  the  duty  of  the  master  of  each 
work-house,  to  receive  all  persons,  who  shall  be  sent 
there,  by  lawful  authority,  and  to  keep  them  to  such 
labor  as  they  are  able  to  perform,  during  the  time  for 
which  they  are  sentenced  to  such  work -house  ;  and  if 
any  of  them  shall  be  refractory  and  stubborn,  and  refuse 
to  work,  or  to  perform  their  work  in  a  proper  manner, 
he  may  put  them  in  close  confinement,  till  they  will  sub- 
mit to  perform  their  tasks,  and  obey  his  orders  ;  and  in 
case  of  great  obstinacy,  and  perverseness,  he  may  reduce 
them  to  bread  and  water,  till  they  are  brought  to  submis- 
sion and  obedience. 

SECT.  4.  If  any  offender  shall  abscond,  escape,  or  de- 
part from  the  work- house,  without  licence,  the  master 
shall  have  power  to  pursue,  retake,  and  bring  him  back, 
and  to  require  all  necessary  aid  for  that  purpose ;  and 
when  so  returned,  the  master  may  confine  him  to  his 


Title  109.      Work-Houses.  481 

work,  by  fetters  or  shackles,  or  in  such  manner  as  he 
may  judge  necessary  ;  or  may  put  him  in  close  confine- 
ment till  he  will  submit  to  the  regulations  of  the  work- 
house ;  and  for  every  escape,  each  offender  shall  be 
holden  to  labor,  in  the  work-house,  for  the  term  of  one 
month,  in  addition  to  the  time  for  which  he  was  commit- 
ted. 

SECT.  5.  It  shall  be  the  duty  of  each  town  to  provide  Expense  o; 

for  the  support  of  the  prisoners  in  the  work-house  ;  and  ""PP01"1"'? 

i .    ,  f*.  -  r    .  ,  ...    -  prisoners,  now 

all  the  earnings  of  any  prisoner  more  than  sufficient  to  defrayed. 

pay  for  his  support,  and  the  costs  of  prosecution  against 
him,  shall  be  paid  to  him,  or  if  he  has  a  family,  for  their 
support,  if  necessary  ;  and  if  the  earnings  are  insufficient 
to  defray  the  expense,  it  shall  be  borne  by  the  town,  ex- 
cept in  the  case  of  prisoners,  who  have  sufficient  estate  to 
pay  it.  and  of  stubborn  and  rebellious  children  and  ap- 
prentices, who  have  parents  or  masters  able  to  pay  it,  and 
then  it  shall  be  paid  by  them.     And  the  master  of  each  Master  to  ac- 
work-house  shall  render  an  account  to  the  overseers,  once  count  semi-an- 
in  six  months,  at  least,  of  the  expense  of  the  work-house,  nua  -1" 
and  of  the  labor  and  earnings  of  the  prisoners. 

SECT.  6.  If  any  persons  are  committed  to  the  work-  prisoners  una. 
house,  who  are  not  able  to  work,  they  shall  be  properly  bleto  work, 
taken  care  of;  if  possessed  of  estate,  at  their  own  ex-  howsupport- 
pense ;  if  not,  at  the  expense  of  the  town  where  they  ed" 
belong.     Males  and  females  shall  be  kept  and  confined  General  reeu 
separately  ;  and  no  spiritous  liquors  shall  be  suffered  to  lations. 
be  sold  to  the  prisoners.     If  any  one  shall  amend,  behave 
well,  and  reform,  on  certificate  of  the  keeper  and  over- 
seers of  the  work-house,  he  may  be  released,  by  the 
authority  committing  him,  before  the  expiration  of  the 
time  for  which  he  was  committed. 

SECT.  7.  All  idle  persons,  who  have  nothing  wherewith  Who  may  be 
to  support  themselves,  and  no  visible  means  of  liveli-  committed  tn 
hood  ;  all  sturdy  beggars,  who  go  from  door  to  door,  or  ^e  work- 
place themselves  in  streets  or  highways  to  beg,  in  towns 
where  they  belong ;  all  who  wander  abroad  from  place 
to  place,  and  beg ;  all  vagabonds  and  vagrants,  who 
roam  about  from  place  to  place,  without  any  lawful  busi- 
ness ;  all  night-walkers,  wandering  from  place  to  place, 
in  the  night  season,  without  any  lawful  occasion,  and 
sleeping  in  out-houses,  barns,  or  in  the  open  air,  who  can 
give  no  good  account  of  themselves  ;  all  jugglers,  braw- 
lers, and  fortune-tellers  ;  all  persons,  who  run  away,  and 
leave  their  wives  and  children,  to  be  supported  by  the 
town  ;  all  persons,  who  mispend  what  they  earn,  and  do 
not  provide  for  the  support  of  themselves  and  families  ; 
all  lewd  and  dissolute  persons,  who  frequent  houses  of  bad 
61 


482 


Title  110.      Wrecks. 


Power  and 
duty  ofjus- 
tices  to  issue 


mit  offenders, 


Second  con- 
viction. 


Two  or  more 
towns  may 

J°in< 


fame  ;  and  all  common  prostitutes,  and  common  drunk- 
ards, may  be  committed  to  the  house  of  correction,  and 
sentenced  to  hard  labor,  for  such  time  as  the  court  be- 
fore whom  they  are  convicted  shall  think  proper,  not 
exceeding  forty  days. 

SECT.  8.  Andit  shall  be  the  duty  of  justices  of  the  peace 
in  each  town,  on  their  own  knowledge,  or  on  a  verbal 
Or  writen  complaint,  from  any  of  the  grand-jurors,  con- 
stables>  or  select-men,  or  any  substantial  house-holder 
of  the  town,  to  issuehis  warrant  to  apprehend  such  per- 
sons, and  on  due  conviction,  to  send  them  to  the  work- 
house as  aforesaid  :  and  on  a  second  conviction  for  the 
same  offence,  any  offender  may  be  sentenced  to  the  work- 
house,  such  additional  time  as  the  court  shall  judge  pro- 
per, not  exceeding  forty  days. 

SECT.  9.  Two  or  more  towns  may  join  in  building, 
occupying  or  maintaining  a  work-house,  in  such  manner, 
and  on  such  terms,  as  they  shall  all  agree.  (1) 


(1)  In  the  revision  of  1702,  there  is  a 
statute  constituting  the  gaols  in  the  seve- 
ral  counties,  houses  of  correction;  and  in 
the  revision  of  1750,  there  is  a  statute  di- 
recting  each  county  to  erect  houses  of  cor- 
rection,  and  containing  regulations  for  the 
government  of  them.  No  houses  of  cor- 
rection  have  been  erected,  by  any  county. 
The  legislature  has,  from  time  to  time, 
authorized  particular  towns  to  erect  work- 
houses  ;  and  in  1813,  gave  the  same  power 


to  every  town.  Where  they  have  been 
erected,  they  have  been  found  to  answer 
an  important  purpose.  Should  the  regu- 
lations  of  this  statute  be  carried  into  effect, 
in  the  several  towns,  there  can  be  no  ques- 
tion  but  that  the  discipline  of  the  work- 
house  would  be  more  effectual  to  restrain 
the  commission  of  crimes  of  an  inferior 
degree,  than  any  other  punishment  that 
can  be  devised. 


TITLE  110.      Wrecks. 


Persons  and 

wrecks  to°be 
kept  in  safety, 


Wrecked  pro- 
perty,  ho^s.e- 

posedof.     ^ 


An  Act  concerning  Wrecks. 

••I  TE^E  it  enacted  by  the  Senate  and  House  of  Rep- 
JtJ  resentativcs,  in  General  Assembly  convened, 
That  if  any  ship,  or  other  vessel,  shall  suffer  shipwreck, 
upon  the  coasts,  or  in  the  rivers,  harbors,  creeks  or  waters 
of  this  state,  there  shall  be  no  violence,  or  injury,  offered 
to  the  persons  of  the  mariners,  or  passengers,  or  to 
the  goods  belonging  thereto  ;  but  the  persons  of  the 
mariners  and  passengers,  shall  be  relieved  and  harbored, 
and  their  goods,  and  the  goods  of  the  vessel,  preserved 
in  safety,  till  authority  may  be  informed  thereof,  and  shall 
take  further  care,  and  give  order  relating  thereto. 

SECT.  2.  Whenever  any  ship-wrecked  property  shall 
be  discovered  on  the  sea-coast,  or  in  the  waters,  riv- 
ers, harbors  or  creeks  of  this  state,  it  shall  be  the 
duty  of  the  select-men  of  the  nearest  town  thereto, 
and  it  shall  be  lawful  for  any  other  person,  to  take 


Title  111.      Yale-College.  483 

the    most   effectual  measures  for    saving  and  securing 
the  same ;  and  if  need  be,  such  person  shall  apply  to 
a   justice  of   the  peace,   who  is  hereby  authorized  to 
grant  a  warrant,  -directed  to  a  proper    officer,    to  im- 
press, and  call  forth,  requisite  assistance  for  that  pur- 
pose ;  and    the    person    securing    such    property,  shall 
immediately  give  notice  thereof  to  a  judge  of  the  coun- 
ty court,  of  the    county  where  the  same  shall  be  se- 
cured, who  shall  direct  the  sheriff  of    said  county,  to 
seize  the  said  property,  and  the  same  to  keep  and  hold, 
until  it  shall  be  released,  or  disposed  of,  by  order  of 
said  court ;  and  if  any  owner  or  claimant  of  such  pro- 
perty, being  a  person  entitled  by  the  laws  of  the  land,   Owner,  &c. 
or  by  the  law  of  nations,  to  a  restoration  thereof,  shall, 
within  a    year  and    a  day  after    such  seizure,    appear 
and  claim  the  same,  it  shall  be  restored  to  him,  on   his 
paying  such  reasonable  costs  and  salvage,  for  the  persons 
to  whom  the  same  may  be  due,  as  the  said  county  court 
shall  allow  and  order  ;  and  if  no  such  owner  or  claimant  If  no  owner 
shall,  within  that  time,  appear  and  claim  said  property  the  make  claim* 
same    shall  be  sold,    by  order  of   said  court,    and  the  h^ dispose 
avails  thereof,  (after   deducting   reasonable    costs    and 
salvage,  for  the  persons  to  whom  due.)  shall  be  lodg- 
ed in  the  treasury  of  the  state.     But  if  the  property  If  the  property 
so  seized,  be  of  a  perishable  nature,  the  said  court  may,   beofaperish- 
at  their  discretion,  direct  it  to  be  sold  within  the  time  ^soW^&c'  ** 
limited,  as  aforesaid,  retaining  the  avails  thereof,  for  the 
same  purposes,  as  the  said  property  was  holden.     And  in  Enough  to  be 
case  no  owners  or  claimant  shall  appear,  within  one  month,  sold  to  pay 
after  such  seizure,  and  pay,  or  offer  to  pay  salvage  and  *Q^S€ 
costs,  the  said  court  may,  at  any  time,  afterwards,  order 
so  much  of  said  property  to  be  sold,  as  shall  be  sufficient  to 
pay  the  salvage  and  costs. 

TITLE  111.     Yak-College. 

An  Act  concerning  the  Corporation  of  Yale-Col- 
lege. 

Whereas  the  corporation  of  Yale-College,  in  considera-  preamble 
tion  of  a  grant  made  to  them,  by  the  general  assem- 
bly, in  the  year  1792,  agreed,  that  the  governor,  lieu- 
tenant-governor, and  six  senior  assistants,  should  be 
trustees  or  fellows  of  said  College ;  and  whereas  by 
the  eighth  article  of  the  constitution  of  this  state, 
the  charter,  so  modified,  was  confirmed,  and  the  said 
corporation  have  since  agreed,  consented  and  request- 
ed, that  the  governor,  lieutenant-governor,  and  six 


484  Title  111.     Yale-College. 

senior  senators,  should  be  members  of  said  corpora- 
tion : 

.  •Q  E  it  enacted  by  the  Senate  and  House  of  Rep- 
'  fj  resentatives,  in  General  Assembly  convened. 
Governor,  That  the  governor,  lieutenant-governor,  and  six  senior 
kovemorand  senators,  for  the  time  being,  shall  ever  hereafter,  in 
fix  senior  sen-  virtue  of  their  said  offices,  be  trustees,  or  fellows  of 
ators,  to  be  said  college,  and  shall,  together  with  the  president  and 
S^coraora-  fellows  of  said  college,  and  their  successors,  constitute 
turn.  one  corporation,  by  the  name  and  style  mentioned  in 

the  charter  of  said  college  ;  and  shall  have  and  enjoy 
the  same  power,  privileges  and  authority,  in  as  full  and 
ample  a  manner,  as    though  they  had    been  expressly 
Vacancies,        named  and  included  in  said  charter.      And  in  case  of 
how  supplied,  vacancy,  by  the  death  or  resignation,  or  in  any  other 
way,  of  any  of  the  other  fellows  of  said  college,  and 
their  successors,  such  vacancy  .shall  forever  hereafter, 
be  supplied,  by  them  and  their  successors,  by  election, 
in  the  same  manner  as   though  this  act  had  not  been 
Quorum.          passed.      And  the  governor,    lieutenant-governor,   and 
six  senior  senators,  or  any  four  of  them,  together  with 
the  other  fellows  of  said  college,  or  any  six  of  them, 
shall,  at  all  future  meetings  of  the  corporation,  consti- 
tute a  quorum  to  transact  business. 

Annual  ac-  SECT.  2.    And  the  president  and  feUows  shall  annu- 

count.  ally  render  to  the  general  assembly,  an  account  of  the 

receipts  and  expenditures  of  the  monies  belonging  t*> 
said  College. 


Revision  of  the  Laws  confirmed.  485 


An  Act  for  confirming  the  Statute  Laws  of  this 
State,  as  revised  by  the  General  Assembly,  at 
their  session  in  May,  one  thousand  eight  hun- 
dred and  twenty-one. 


,  ID  E  *'  enactea>  ty  the  Senate  and  House  of  Rep- 
'  _U   resentatives,  in  General  Assembly  convened,  Revised  acts 
That  all  the  acts  revised  and  approved,  or  enacted,  at  the  confirmed, 
present  session,  be,  and  they  are  hereby  enacted  and  con- 
firmed as  the  laws  of  this  state  :  and  that  all  statute  laws 
of  this  state,  other  than  the  said  acts  revised  and  approved,  Other  acts  re- 
or  enacted,  at  the  present  session,  be,  and  they  are  hereby 
repealed. 

Provided  nevertheless,  that  all  rights,  privileges  and  im- 
muniti  -s,  granted  to  and  vested  in  any  person  or  persons, 
or  body  corporate,  by  virtue  of  any  of  the  laws  hereby  re- 
pealed, shall  remain  unimpaired,  and  unaffected,  by  snch 
repeal;  and  that  all  acts  of  a  private  nature,  omitted  in  this 
revision,  shall  continue  in  force  as  private  acts. 

Provided  also,  that  all  matters  commenced  by  virtue  of  Unfinished 
any  of  the  laws  hereby  repealed,  now  depending  or  un-  business  may 
finished,  may  be  prosecuted  and  pursued  to  final  effect,  in  be  prosecuted, 
the  same  manner  as  they  might  have  been,  if  this  act  had 
not  been  passed. 

Provided  also,  that  such  of  the  said  revised  laws  as  re-  Lawg  not  ^ 
main  substantially  the  same  as  before  the  revision,  shall  be  tered  in  sub- 
considered  as  having  continued  in  force  from  the  time  that  stance,  to  be 

they  were  first  enacted,  any  circumstantial  amendments,  Considered  in 

J     .     .         .       ,  ,        J  .  .          torcelrom 

or  variations  in  phraseology,  arrangement  and  connexion,  their  origin, 
notwithstanding. 

SECT.  2.  And  be  it  further  enacted,  that  when  the  said  A  printed  co- 
revised  laws  shall  have  been  printed  and  published,  under  PJ  *°  be.  de- 
the  superintendence  of  the  persons  appointed  for  that  pur-  j^f^ta  m»s 
pose,  one  copy  thereof  shall  be  deposited,  and  forever  office ;     * 
kept,  in  the  secretary's  office,  to  which  he  shall  annex  a 
certificate,  under  his  hand,  and  the  seal  of  the  state,  that  and  being  cer- 
the  acts  and  laws  therein  contained  are  the  acts  and  laws  tjfied  by  him, 
of  this  state  ;  and  such  copy,  so  certified,  shall  be  deem-  gdan  a^tlfeT 
ed  and  taken  to  be  an  authentic  record  of  such  acts  and  tic  record. 
laws. 

SECT.  3.  And  be  it  further  enacted,  That  this  act,  and  whentotake 
the  said  revised  laws  herein  mentioned,  shall  go  into  op-  effect. 


486  Revision  of  the  Laws  confirmed. 

eration  and  take  effect,  on  the  first  day  of  January,  one 
thousand  eight  hundred  and  twenty-two,  and  not  before. 


May  Session,  1821. 

ELISHA  PHELPS,  Speaker 
of  the  House  of  Representatives. 
JONATHAN  INGERSOLL, 

President  of  the  Senate. 
Approved,  June  5th,  1821. 

OLIVER  WOLCOTT. 


INDEX 


Abatement  of  writs.  41 

of  polls,  448 

of  taxes,  453 

Absconding  debtors,  remedy  against.     237 

Absence,  when  cause  of  divorce.  178 

ground  of  continuing  action.  38,  9 

Absent  debtors,  remedy  against.  237 

Abuse  offemale  children,  how  punished. 152 

Accessories,  how  punished.  170 

ACCOUNT,  action  of.  33 

BOOK,  action  of.  93-95 

Accounts  public,  how  to  be  kept.          460 

how  to  be  settled.  462 

Accounts    of  turnpike  companies,  to 

be  stated  and  adjusted  annually.       472 
Accused,  rights  of,  in  criminal  prose- 
cutions. 21 
Acknowledgment  of  deeds,   how  to  be 

made.  302 

ACTIONS  CIVIL,  regulated.  34  to  58 

process  in  34 

writ,  and  signing.  ib. 

declaration.  ib. 

attachment,  how  to  issue.  ib. 

bonds  for  prosecution,  when  required.  35 
process,  how  directed.  ib. 

time  of  service.  36 

summons,  how  served.  ib. 

attachment,  how  served.  ib. 

when  estate  attached  must  be  levi- 
ed on,  by  execution.  37 
service  of  writs  on  non-residents.        ib. 
writs,  when  to  be  returned.                 ib. 
defendant,  when  to  be  defaulted.     37,  8 
continuance  of  actions,  when  defend- 
ant is  out  of  the  state.                           38 
judgment,  how  rendered,  when  de- 
fendant is  out  of  the  state.                    39 
new  trial,  when  defendant  has  no 
notice.                                                    ib. 
service  of  writs  on  joint-contractors,    ib. 
continuance  of  actions,  by  justices 
of  the  peace.                                    39,  40 
new  trials,  when  granted  in  actions 
before  justices.  40 
when  plaintiff  must  appear.                 ib. 
withdraw  or  nonsuit.                             ib. 
new  bond  of  prosecution,  when  to 
be  given.                                                ib. 
suit?,  where  to  be  tried.  4  J 


ACTIONS  CIVIL. 

jurisdiction  of  justices  of  the  peace.  41 
appeal  from  justices  of  the  peace.  ib. 
abatement  of  writs.  ib. 
amendment  of  writs.  ib. 
appeals  on  pleas  of  abatement.  ib. 
writs,  when  not  to  abate.  42 
pleadings.  ib. 
general  issue,    when  it    may    be 
pleaded.  ib. 
pleading  double,  when  allowed.  43 
set-off,  when  allowed.  ib. 
amendments,  when  allowed.  44 
issues  in  fact  to  be  tried  by  the  jury.  45 
jurors,  how  appointed  and  returned,  ib. 
jurors,  how  designated.  46 
penalty  for  non-attendance.  ib. 
talesmen,  how  returned.  ib. 
witnesses,  how  summoned.  ib. 
capias,  when  to  issue  against  wit- 
nesses. 47 
depositions,  when  and  how  to  be  ta- 
ken, ib. 
when,  and  how  to  be  opened.  48 
laws  of  other  states,  how  proved.  ib. 
sworn  copies  of  records,  &c.  when 
admissible.  ib. 
certified  copies  of  public  writings, 
when  admissible.  ib. 
private  acts,  how  to  be  pleaded.  49 
direction  of  the  court  to  the  jury.  ib. 
special  verdict,  when  to  be  given.  ib. 
assessment  of  damages,  how  to  be 
made.  ib. 
when  the  court  may  send  the  jury 
to  a  further  consideration.  ib. 
jury  to  be  kept  under  charge  of  an 
officer,  ib. 
misconduct  of  jury  and  officer,  how 
punished.  50 
parties  may  agree  to  try  issues  in 
fact  by  the  court.  ib. 
court  to  decide  issues  in  law.  il>. 
proceedings  on  penal  bonds.  ib. 
jurisdiction  of  county  courts.  51 
appeal  from  county  courts.  ib. 
fictions,  when  to  be  remanded.          *  52 
appeals  from  justices  of  the  peace,  ib. 
removal  of  actions  from  justices  of 
the  peace.                                        52,  f> 


488 


INDEX. 


f*i 

ACTIONS  CIVIL.  1 
costs,  when  allowed.  53 

new  trials,  when  to  be  granted.  54 

writs  of  error,  when  and  how  to  be 
brought.  ib. 

executions,  how  directed  and  serv- 
ed. 55.  59 
limitation  of  actions.           310  to  312 
Acts  public,  when  to  take  effect.  258 
how  to  be  published,  and  distribu- 
ted.                                              258.  408 
of  other  states,  legal  evidence  here.     48 
Adjournment  of  the  legislature.  25 
of  the  supreme  court.                           137 
of  the  superior  court.                          139 
of  the  county  courts.                            140 
Adjutant-general,  how  appointed.        336 
Administration,  when   to  be   grant- 
ed.                                               200,  201 
limitation  of  granting.                         209 
Administrators  to  be  appointed,  when 
executors  refuse.                                  200 
when  no  will  is  made.                         201 
to  give  bonds.                                        ib. 
to  make  an  inventory.                        202 
penalty  for  neglect.                               ib. 
how  to  proceed  against  those  who 
concealestate.                                      203 
to  give  notice  to  bring  in  claims.        ib. 
may  release  satisfied  mortgage  of 
minor  heirs.                                          204 
shall  keep  buildings  in  repair.             ib. 
may  be  called  to  account.                    ib. 
when  and  how  to  be  removed.        204,  5 
may  be  required  to  give  further  se- 
curity.                                                  205 
when  to  sell  lands.                                ib. 
how  to  proceed,  when  the  estate  is 
insolvent.                                              209 
not  to  be  sued,  pending  settlement 
of  insolvent  estate.                                211 
to  make  additional  inventory,  on 
new  discovery  of  estate.                     212 
Admisnon  of  inhabitants  in  towns.       279 
Adultery,  how  punished.                         163 
Advancement  to  children.                         207 
Affidavit  to  obtain  special  deputation.    35 
to  submission  by  rule  of  court.             59 
Affirmance  of  judgment  on  writs  of  er- 
'ror.                                                          54 
when  appellant  does  not  enter  his 
appeal. 

Affirmation,  when  to  be  administer- 
ed. 369 
penalty  for  false.  ib. 
form  of,  for  witnesses.  ib. 
Age,  at  which  persons  shall  be  free, 
capable  of  contracting,  fcc.           -    262 
to  choose  guardians.                              ib. 
to  make  a  will                                    199 
Agents  of  absent    and    absconding 
debtors.                                                'ir, 
of  communities                                    132 
of  proprietors  of  common  fields.        218 


Agents. 

when  service  of  writs  may  be  made 
on.  37 

Agreements,  when  to  be  in  writing.  246,  7 
respecting  division  of  estates.  206 

Ale  measure,  standard  of.  478 

Alienation   of  lands,   how  to    be 
made.  •      '  301,  2 

to  defraud  creditors,  void.  247 

Aliens,   how  to  gain  settlement    in 
towns,  i  Y*U(&6  279 

not  to  hold  lands.  301 

Alimony,  when  allowed  in  cases  of 
divorce.  179 

Allowance  to   widows  of  their  hus- 
bands' estates.  211 

Alteration  of  highways,  how  made.       269 

Amendment  of  writs.  41 

of  declarations.  44 

of  pleas.  ib. 

in  proceedings  in  equity.  197 

Amendments   of  constitution    of  the 
United  States.  17 

how  to  be  made.  15 

of  constitution  of  this  state,  how  to 
be  made.  32 

Annual  meeting  of  electors,  when  to 
be  holden.  29 

session  of   the    general    assembly, 
when  and  where  to  be  holden.      '       22    £ 

Appeals  from  justice  of  the  peace.    41.  52  1 
from  the  county  courts.  51 

from  the  city  courts.  1 13 

from  courts  of  probate.  208 

causes  appealed,  when  to  be  reman- 
ded. 52 
when  to  be  entered.  51 
not  entered  by  appellant,   appellee 
may  enter,  rfrrfqrr  52 
on  pleas  in  abatement,  when  costs 
to  be  paid  by  appellant.                       41 
from  doings  of  commissioners  on  in- 
solvent estates.                                    210 
in  criminal  causes  from  justices    of 
the  peace.                                             172 
not  allowed   from  judgment  on  re- 
port of  auditors.  34 
not  allowed  in  prosecutions  for  re- 
newing encroachments  on  turnpike 
roads.                                                    47.5 

Appellants,  when  to  enter  appeals.          51 

Apportionment    of  school-fund  divi- 
dends. 402    - 

Appraisement  of  estates  of  deceased 
persons.  202 

new.  ib. 

of  lands  taken  on  execution.  57 

Appraisers  of  estates  of  deceased  per- 
sons. 202 
oath  of.                                           366,  7 

A ppraisers  of  lands  taken  on  execution.  57 
oath  of.  366 

Apprtniices,  minors,  how  to  be  bound.  J18 
children,  when  bound  by  select-men,  ib. 


INDEX. 


489 


Apprentices. 

how  relieved  from  cruelty  of  mas- 
ters. 319,  320 
when  ?  •  be  disrharged  from.  ib. 
how  pu-.iishcd  when  n  fractory          319 
absconding,  how  to  !;•,•  'Brought  back.  ib. 
liable  to  answo>-   luimtge  for   ab- 
sconding, after  lull  age.                      321 

Apj>r  iriation  of    fund  to    support 
sdi.-'->ls.  30 

of  two  dollars  on  thousand  to  sup- 
port soh,»)ls.  401 

ARBITRATION,  by  rule  of  court.  59 

witnesses,  how  compelled  to  attend.  60 

Arbitrators,  how  appointed  on  sub- 
mission by  rule  of  court.  ib. 
award  of,  how  enforced  ib. 

Anns,  right  of  citizens  to  bear.  21 

Arrest,  security  of  citizens  from.  21 

electors,  exempted  from.  29 

senators   and   representatives    ex- 
empted from.  24 
members  of  congress  exempted  from.    8 
keepei?  and  guaid  of  new  gate  pris- 
on, exempted  from.                             359 

Arson,  how  pumshed.  151.155 

ASSAULT,  SEO.ET,  action  for.  407 

Assault,  with  intent  to  commit  a  rape.  152 
with  intent  to  rob,  or  kill.  ib. 

ASSEMBLE  GENERAL,  how  constituted.  22 
stated  sessions  of.  ib. 

how  to  proceed  in  passing  public 
acts.  257,  8 

on  petitions  of  an  adversary  nature.  258 

Assembly,  unlawful,  punishment  of.      161 
suppression  of.  384 

power  of  sheriffs  in  relation  to.          415 

ASSESSMENT  OF   TAXES,   provisions 
for.  444  to  450 

Assessors  to  be  appointed  annually.       444 
oath  of.  450.  366 

duty  of  .  444, 5 

refusing  to  serve,  subject  to  a  for- 
feiture 450 

Assignees  of  debts,  how  to  proceed 
in  foreign  attachment.  240 

Assignment  of  dower,  how  made.         181 

Attachments,  how  served  on  personal 
estate  36 

on  lands.  ib. 

on  the  person.  .      f^  .   .  ib. 

on  bank  shares,  £c,i««»  *  W~lfib  ib. 
on  absent  and  absconding  debtors.  237 
pn  estate  of  non-residents.  37 

on  writs  of  scire-facias.  37 

foreign,  how  to  proceed  gn.  237 

property  exempted  from.  56 

form  of.  242,  3 

A  ttamder  of  treason  or  felony.  21 

Attempt  to  commit  a  rape,  how  punish- 
ed. 152 
to  rob  or  kill,  how  punished.  ib. 

Attestation  of  wills,  how  made.  199 

Atlornies,  how  admitted.  141 


Jtiornies. 

how  regulated.  141 

oath  of.  366 

fees  of,  taxable  in  bills  of  costs.  394 
not  to  buy  choses  in  action.  313 

for  tlie  state,  how  appointed.  141 

to  give  bonds.  ib. 

to  superintend  collection  of  fines,&c.  463 
to  collect  penalties  in  qai  tarn  suits.  465 
to  render  annual  account.  463 

to  pay  money  in  his  hands  to  treas- 
urer. 465 

fees  of.  395,  6 

authorized   to  discharge  prisoners 
holden  only  for  fine  and  costs.  252 

special,  how  appointed.  141 

assistant.  ib. 

Attorney  of  absent  and   absconding 

debtors,  how  proceeded  against        237 
•Attorney,  power  of,  to  execute  deeds 

of  lands.  302 

AUCTION,  duty  on  sales  at.  61 

Aud  tors  in  actions  of  account.  33 

in  actions  of  book-debt.  94 

oath  of.  368 

of  public  accounts.  27.  462 

oath  of  368 

Average  among  creditors  of  insolvent 

estates.  212 

Avoiding  gates  on  turnpike  roads.        473 
Avoirdupois  weights,  standard  of.          478 
Award  of  arbitrators,  how  enforced.       60 
BAIL,  excessive,  not  to  be  required.      21 
right  of  prisoners  to,  before  convic- 
tion. 21 

when  to  be  taken  in  civil  actions.       62 
persons  attached,  not  giving,  to  be 
committed.  ib. 

special,  to  be  given  before  pleading,    ib. 
may  be  given  by  defendant,  when 
committed.  ib. 

when  liable.  63 

suit  against,  limitation  of.  ib. 

bond  to  be  assigned  by  officer.  ib. 

may  procure  principal  to  be  com- 
mitted. ib. 

special,  not  exonerated,  by  bond  to 
appeal.  ib. 

in  criminal  causes.  171.  172 

Ballast  not  to  be  thrown  into  any  riv- 

er or  harbor.  363 

Ballot,  what  elections  shall  be  by.          29 
BANK,  Bridgeport.  75 

Derby.  iw  ^  /  81  &-<  , 

Eagle^H6*-**  W**4f*i«f  ,  r^     83  ?  ^'  fj 
Hartford.  64 

Middletown.  71 

New-Haven.  69 

New-London.  7U 

Norwich.  73 

Phcenix.  86 

Union.  67 

may  issue  post-notes.  90 

may  not  emit  bills  less  than  one  dollar.ib. 


sri 

•»/ 


490 


INDEX. 


36 

58 

447 

91 


93 
152 

ib. 
1.53 


shares  in  to  be  considered  as  per- 
sonal estate.  31 
unincorporated,  prohibited-            165,  6 
Bank-bills,  not  to  be  issued  or  passed 
less  than  one  dollar.                               90 
passing  counterfeit,  how  prevented.  133 
Bank-shares  to  be  considered  as  per- 
sonal estate.                                            91 
how  attached, 
how  sold  on  execution, 
how  to  be  taxed. 

BAH  BERRY  BUSHES  may  be  destroy- 
ed. 

Barrator,  common,  who  may  be  pro- 
ceeded against  as  such. 
Barratry,  how  punished.  ICO 

Barrels,  how  to  be  made.  290, 1 

BASTARD  CHILDREN,  maintenance  of.  91 
fathers  of,how  to  be  proceede'1  against.92 
order  for  maintenance  of  ib. 

when  towns  may  prosecute  for  main- 
tenance of.  ib. 
limitation  of  prosecution  for  main 
tenance  of. 

concealing  pregnancy  of. 
delivery  of,  in  secret, 
concealing  death  of. 
Battfn/,  how  punished.  162,  3 

Bay-berries,    trespasses  relating    to, 

how  punished.  466 

Beef,  inspection  of. 

Beer  measure,  standard  of.  478 

Beggars,  sturdy,  liable  to  be  sent  to 

work-house.  481 

Bestiality,  how  punished.  163 

Bigamy,  how  punished.  164 

Billiards,  playing  at,  prohibited.  168 

Billiard  tables,  keeping  of,  prohibited,  ib. 
Bills  of  credit,  not  to  be  emitted  by 
states.  11 

private,  not  to  be  issued.  165,  6 

Bills  of  exchange,  damages  on.  360 

Bills  for  public  ucts,  how  to  be  pro- 
ceeded with.  26.  257,  8. 
Binding  over  for  trial.   172. 134. 190.  326. 
163.  320.  407. 

to  good  behavior.  147.  250 

Birth  of  child,  revocation  of  will.         200 
Births  to  be  recorded.  459 

Blasphemy,  how  punished. 
Board  of  health,  how  constituted. 

powers  and  duty  of. 
Borfy,   dead,   proceedings  in  relation 
to,  when  found, 
digging  up,  punished 


164 
419 
ib. 

177 
165 


Bond,  <m  appeal.        41.  51.  52.  209.  172 
on  taking  out  execution.  39.  113 

for  prosecution.         35.  40.  55.  308.  245 
on  removal  of  cause, 
on  writ  of  replevin, 
by  administrators  or  executors, 
by  inspectors. 
by  auctioneers. .. 

u 

IV*       I/     l&\. 


53-.  94. 

383 

201 

286 

61 


by  bail. 

by  city  sheriffs. 

by  clerks  of  courts. 

by  commissary-general. 

by  conservators. 

by  father  of  bastard  child, 

by  guardians. 

by  heirs. 

by  inspector-general. 

by  legatees. 

by  packers  of  provisions. 


62,  3 
112 
463 
337 
274 
92 
263 
208 
286 
208 
286 


by  parents,  &c.  as  to  estate  of  mi- 
nors. 264 
by  pay-master-general.  337 
by  prisoner  for  debt,  for  liberties  of 
the  gaol.  252 
by  quarter-master-general.  336,  7 
by  sheriffs.  414 
by  state's  attornies.  141 
by  treasurer  of  the  state.  462 
penal,  damages  on.  50 
limitation  of  action?,  cuKy  *  310 

BOOK  DEBT,  actions  of.fiftiLj^f        93 
testimony  of  parties,  admissible  in.     ib. 
oyer  of  defendant's  book,  when  to 
be  given.  94 

auditors,  when  appointed.  ib. 

removal  of  action,  from  justices  of 
the  peace. 

when  no  costs  shall  be  allowed.  ib. 

limitation  of  actions  of.  310 

Bonks,  obscene,  prohibited, 

BOROUGHS,  incorporated.  95  to  105 

BOUNDS  OF  TOWNS,  to  be  perambula- 
ted. 95 

Braiders,  liable  to  be  committed  to 
work-house.  481 

Breath  of  the  peace,  how  punished.      162 
how  restrained.  147 

of  pounds,  how  punished.  379,  80 

Breaking   of  dwelling-houses  in  the 
day  time.  155 

Bribery,  how  punished.  159 

Bridgeport  Bank.       <j>  75 

Borough,  ik-frfl  95 

additional  regulations  of.  103-5  *t 

Bridges,  how  built  and  maintained.      266 /***>*' 
liability  for  defects  of./W^^'J          ib. 

BRIEFS,  when  to  be  granted.  W*W    105  l(7J 

Brockway\  fer-ry,  fare  of,  regulated.     224 

Burglar^ojf  punished.  154 

Burning  houses,  vessels,  &c.  with  in- 
tent to  defraud  iusurers.  155 

Bury  ing-grounds,    regulations     con- 
cerning. 404 

Butter,  inspection  of.  295 

CANADA  THISTLE,  provisions  to  pre- 
vent the  spreading  of.  106 

Canvass  of  votes   for  public  officers, 
by  whom  to  be  made.      23. 25.  27. 186. 
191,  2 

Captain-general  of  the  militia,  who 
shall  be.  25.  335 

'  I  <5  -        /'  «  M 


INDEX. 


491 


Cards,  playing  at,  prohibited.  168 

selling  of,  prohibited.  ib. 

Carriages,  drivers  of,  regulated.  438 

Cashiers  of  banks,  may  seize  counter- 
feit bills  and  coin.  134 
Casks,  how  to  be  made.              2C9.  290,  1 
Casting  vole,  who  shall  have.                 140 
Cattle,  how  restrained  from  going  at 
large.                                                  458 
when  to  be  impounded.                     378 
how  to  be  replevied.                           379 
Caution,  how  to  be  entered  respecting 

deeds.  302 

CAUSES,  CIVIL,  regulated.  34  to  59 

Certificates,  forms  of,  for  votes.         1 87,  8 
for  school  money.  402,  3 

penalty  for  making  false.  404 

Chain  men  to  be  sworn.  441 

form  of  oath.  367 

Chaises,  driving  of,  regulated.  438 

how  to  be  taxed.  447 

Challenge  of  jurors  in  capital  causes.    173 
to  a  duel,  how  punished.  161 

Chancery,  power  of  courts  of.  195 

Chapman's  ferry,  fare  of,  regulated.      224 
Charcoal,  standard  measure  for.  479 

Children,  how  to  be  instructed.  107 

neglected,  to  be  bound  out  by  select- 
men, ib. 
stubborn,  how  corrected.                     ib. 
when  liable  to  maintain  parents.       3d  9 
how  to  be  instructed  in  factories.       320 
Christians,  to  enjoy    equal   powers, 
rights  and  privileges.                      29,  30 
not  belonging  to  any  society,  may 
form  themselves  into  a  society.          436 
Christian  sects,  equality  of,  by  law.  20. 
CITIES,  incorporated,  and  provisions 

relating  to.J'J^  rra.,*f*f,4*flQ8  to  131 
CIVIL  ACTIONS,  regulated.  '  34  to  59 
Civil  process,  not  to  be  served  on 

Lord's  day.«%0>/  33G 

Claims  against  estates  of  deceased 
persons,  when  barred.  203 

against  insolvent  estates,  when  bar- 
red. 210 
Clams,  fishery  of,  regulated.  227 
Clerks  of  the  supreme  court  of  errors, 
who  shall  be.  137 
of  the  superior  court,  how  appoint- 
ed.                                                      139 
to  furnish  account  of  fines,  £c.  to 
comptroller.                                        463 
to  account  for  court  fees  to  comp- 
troller.                                                464 
to  receive  and  pay  over  bills  of  costs 
in  criminal  causes.                               463 
of  t/ie  county  court,  how  appointed.  140 
to  furnish  account  of  fines  to  county 
treasurer.                                            465 
to  pay  court  fees  to  county  treas- 
urer, ib. 
to  receive  and  pay  over  bills  of  costs 
in  criminal  causes.                            463 


of  towns,  how  appointed.  457 

duty  and  power  of.  459 

of  reiigiou*  societies,  how  appointed.  433 
power  and  duly  of.  ib. 

of  school,  societies,  how  appointed.      397 
power  and  duty  of.  ib. 

of  school  districts,  how  appointed.     399 
power  and  duty  of.  ib. 

of  the  house  of  representatives.  23 

of  the  commissioner  of  the  school- 
fund.  407 
of  turnpike  companies.  473 
Coaches,  drivers  of,  regulated.                438 
how,  to  be  taxed.                                447 
Codicil,  containing  devise  of  land,  how 

witnessed.  199 

Coin,  gold  and  silver  only,  a  tender.         1 1 
counterfeiting,  how  punished.  156 

passing  counterfeit,  how  punished,     ib. 
possessing  counterfeit,  with  intent  to 
pasV  ib. 

passing  counterfeit,  how  restrained.  135 
Collectors  of  state  taxes,  how  appoint- 
ed. 454.  457 
names  of,  to  be  sent  by  the  town- 
clerks  to  the  treasurer.  460 
power  and  duty  of.  451 
of  county  taxes,  how  appointed.         251 
power  and  duty  of.  ib. 
of  town  taxes,  how  appointed.            457 
power  and  duty  of.                              452 
of  religious  society  taxes,  how  ap- 
pointed.                                                434 
power  and  duty  of.  ib. 
of  school  district  taxes,  how  appoint- 
ed                                                  3" 
jlv  and  duty  of.                              ib. 
COLLEGE,  YALE,  corporation  of.         484 
Commissary-general,  how  appointed;    337 
duty  of.                                                   ib. 
Commission  to  take  testimony,   how 
granted.  1r*C  f~l  t~  u; 
to  take  answer  of  garnishee.              241 
of  sewers  and  scavengers.                   409 
on  money.     See  Compensation. 
Commissions,  how  to  be  made  out.          26 
Commissioner  of  school-fund,  duty  and 

power  of.  405 

Commissioners  on  insolvent  estates.      210 
of  sewers.  409 

on  turnpike  roads.  470.  472 

on  ferries.  221 

on  toll-bridges.  26'7 

Commitment  of  delinquents,  by  justices 
ofthepeace^  172 

of  defendants,\for  want  of  bail.  62 

of  principal,  b\bail.  63 

Committee,  eng'wmng,  to  be  appoint- 
ed by  house  of  representatives.          258 
Committees  of  religious  societies.  433 

of  school  societies.  397 

of  school  districts, 
to  remove  encroachments.     _/        362 


INDEX. 


Committees. 

of  courts  of  equity.  138 

health.  420 

Common  barrator,  who  may  be  pro- 
ceeded against  as  such.  477 

Common  field.*,  regulated.  215 

Common  lands,  proprietors  of,  how  to 
proceed.  304 

for  trespass  on,  how  to  sue.  466 

Common  nuisances,  how  punished  and 
abated.  361 

Communities,  how  to  sue  and  be  sued.  131 
may  appoint  agents  or  attornies  to 
prosecute  or  defend.  132 

Companies,  incorporated,  shares  in,  how 
attached.  36 

how  levied  on,  by  execution.  58 

Compensation  to  assessors  of  taxes.      450 
for  making  discovery  of,  and  giving 
information  against,  capital  offend- 
ers. 176 
to  clerk  of  commissioner  of  school- 
fund.                                                   388 
to  clerk  of  comptroller.  ib. 
to  clerk  of  senate.                                387 
to  clerk  of  treasurer.                          388 
to  clerks  of  house  ofrepresentatives.387 
to  clerks   of  superior   and  county 
courts,    for  receiving   and  paying 
over  costs.                                       463,  4 
to  clerks  of  superior  court,  for  re- 
ceiving and  paying  out  public  mon- 
ey.    "                                                464 
to  collectors  of  state  taxes.               456 
to  commissioners  on  ferries.               224 
to  commissioners  on  turnpike  roads.  472 
to  members  of  courts-martial.            353 
for  taking  up  and  securing  drifts.      469 
to  fence-viewers  on  common-fields.  215 
for  making  discovery  of,  and  in- 
forming against,  persons  guilty  of 
forgery,  or  horse  stealing.                   176 
to  health  officers.                                 424 
to  judge-advocate.                              353 
to  judge  on  trial  of  habeas  corpus.    265 
to  judges  on  appeals  from  commis- 
sioners..                                               210 
to  militia  called  out  by  sheriff.          415 
to  pay-master-general, 
to  printers  of  public  acts.                   408 
to  representatives.                               387 
to  select-men  for  services  on  com- 
mon fields.                                          215 
to  senators.                                          387 
to  speaker  of  house  of  representa- 
tives,                                                  ib. 
to  surveyor-general  and  his  depu- 
ties.                                                      441 
to  witnesses  in  criminal  causes  from 
without  the  state.                                174 

Complaint  for  secret  assault,  how  to 
be  made.  407 

for  offences  punishable  by  commit- 
ment to  work-house.  482 


Comptroller,  how  appointed.  27 

oath  of.  364 

salary  of.  388 

power  and  duty  of.    27.  460.     See  also, 

90.  449,  450 

to  draw  orders  for  school  money.      403 
to  settle  accounts  of  commissioner 
of  school-fund.  407 

to  settle  accounts  of  state's  attornies.  463 
to  settle  accounts  of  clerks  of  courts,  ib. 
to  furnish  town-clerks  with  blank 
forms  for  returns  of  lists.  445,  6 

to  assist  in  canvassing  votes.        2.S.  25. 
(27.  191,  2 

may  not  be  a  member  of  the  gene- 
ral assembly, 
vacancy  in  office,  how  supplied.       187 

Concealment  of  pregnancy  and  secret 
delivery  of  bastard  child.  152 

of  death  of  bastard  child.  153 

of  estate  of  deceased  persons.          203 

Confession  of  judgment  taken  by  jus- 
tices of  the  peace.  146 

Confinement  of  lunatics  and  distracted 
persons.  275 

Congress,  members   of,  may  not  be 
members  of  general  assembly.  32 

Connecticut  river,  fishing  in,  regulated.  227 

Conservators  of  idiots  and  lunatics, 
how  appointed.  274 

Constables  to  be  appointed,  annually, 
by  each  town.  132.  457 

power  and  duty  of.     132.  See  also  62. 
148.  174,  5.  167.  177.  311.  319.  327. 
386.  455.  384,  5.  428.  442. 
oath  of.  132.  364. 

fees  of.  391—3 

authorised  to  command  assistance.  133 
to  summon  jurors.     •  45.  46 

to  remove  inhabitants  of  other 
states,  by  warrant.  281 

to  sell  creatures  impounded.  379 

to  make  presentment  of  breaches 
of  the  laws  relating  to  the  sabbath 
and  to  taverns.  386.  444 

CONSTITUTION  of  the  United  States.      5 
of  this  state.  20 

Contagious  diseases,  how  prevented.    419 

Con'empt  of  court,  how  punished.        174 
for  not  obeying    writ   of  habeas 
corpus.  265 

Continuance  of  actions,  when  neces- 
sary. 38.  39.  40.  237 

Contracts,  when  to  be  in  writing.          246 
gaming,  void.  248 

by  persons  under  overseers,  void.     276 
by  Indians,  when  void.  279 

usurious,  void.  476 

fraudulent,  void.  247 

Conveyance  of  lands,  by  deed,  how  to 
be  made.  301 

fraudulent,  void. 

Convicts,  importation  of,  prohibited.    133 


INDEX. 


493 


Co-parcenert,  action  of  account  be- 
tween. 

Corn-measures,  standard  of.  477 

Corporations^  Kfw  to  sue  and  be  sued.  131 
private 'rights  in,  how  attached.  36 
how  sold  on  execution.  58 

Correction,  houses  of,  provisions  con- 
cerning. 480,  1,  2 

Costs  in  civil  actions,  how  to  be  al- 
lowed. 53 
in  criminal  causes,  how  to  be  paid.  175 
against  the  treasurer,  how  to  be 
paid.                                                   463 

Costs,  double,  when  to  be  paid.  94  363. 
467.  473 

Counterfeited  bills  and  coins,  treasur- 
er may  seize  and  retain.  133 
cashiers  of   banks  may  seize  and 
retain.  134 
justices  of  thejpeace  may  seize,  de- 
face and  retain. 

may  examine  and  enquire  concern- 
ing. 

how  the  parties  shall  proceed, 
how  prevented. 

Counterfeiting   bills  and  coins,  how 
punished. 

Counterfeiting  public  seals,  how  pun- 
ished. GJ*       160 

COVJVTIES,  stated,  and  name 

County  courts,  ho-w-constituted.  '  139 
jurisdiction  of.  iFrtAflf  ib. 

howto  proceed  in  absence  of  judges.  140 
how  formed,  when  all  the  judges  are 
disqualified.  148 

special,  how  called.  140. 


CRIMES. 

Manslaughter. 

Perjury,  with  intent  to  take  life. 
A  rson,  thereby  causing  death. 
Burning  any  building,  thereby  caus- 
ing death. 
May  hem. 

Putting  out  eye,  &c.  with  intent  to 
disfigure. 
Rape. 

Abuse  of  female  children. 
Attempt  t'i  commit  rape. 

to  kill  or  rob. 

Administering  poison  with  intent  to 
murder  or  cause  miscarriage. 
Secret  delivery  of  bastard  child. 
Concealment  of  death  of  bastard 
child. 

Kidnapping. 
against  public  property. 
Destr9ying  magazines,  &c. 
Burning  state-house,  &c. 
forging  public  securities,  &c. 
ugai'iLSt  private  property. 
Robbery. 
Burglary. 

Robbery  or  burglary  with  personal 
abuse 

Breaking  store,  &c.  with  intent  to 
135  ftfl  steal. 

Breaking    dwelling-house    in  day 
time. 
Arson 

Burning  vessels,  office,  &c. 
Burning  one's  house,  &c.  with  intent 
•to  defraud  insurers 


ib. 


156 


special,  IHJW  caiicu.  it\j     /\    sw  ucnu.uu  insurers. 

may  appoint  clerks  and  treasurers.    ib/Wiwbestroying  vessel,  with  intent  to 


may  establish  rules  of  practice.  141 

may  make  orders  of  notice.  148 

may  admit  attornies.  141 

may  appoint  attornies  for  the  state,  ib. 

shall  take  care  of  county  property,  ib. 
times  and  places  of  holding, 
presiding  judge  of>Jto  have  casting 

County  surveyors,  how  appointed. 
County  taxes,  how  laid  and  collected. 
County  treasurer's  duty.  464.  478 

Court-houses  to  be  built  by  counties.  251 
Courts,  how  constituted.  <"*,/,  136 
Supreme  court  of^rrors.l  Ytfifltn/  ib. 


142 

140 

441 
250 


Superior  court. 

County  courts.  W  r(  l\lU  ,C7'  139 

Courts  of  probate.  143 

Justices'  courts.  146 

may  make  orders  relative  to  notice.  148 

shall  have  seals.  146 

martial,  how  constituted.  S49 
CRIMES  against  the  sovereignty  of  the 

state.  Mf  OOt 

Treason.  151 

Misprision  of  treason.  ib. 
against  the  lives  and  persons  of  in- 
dividuals. 

Murder.  151 


defraud  insurers. 
Forgery. 

Counterfeiting  coin. 
Possessing    counterfeit  coin    with 
intent  to  pass. 

Selling  counterfeit  bills,  to  have  the 
same  passed. 

Making  plates  for  counterfeiting 
bills. 

Possessing  counterfeit  bills,  with  in- 
tent to  pass. 

Possessing  blank  counterfeit  bills, 
with  intent  to  fill  up  and  pass  fraudu- 
lently. 

possessing  plates  for  forging  bank 
bills. 

Horse-stealing. 

Stealing  from  the  person  at  a  fire. 
Stealing  from  the  person. 
Breaking  and  stealing  from  a  build- 
ing in  the  day  time. 
Simple  theft. 

receiving  and  concealing  stolen 
goods. 

against  public  iustice. 
Perjury.  J  fy^  4^3 
Subornation  of  perjury. 
Bribery. 


ib. 
ib. 
ib. 

ib. 
ib. 

152 
ib. 
ib. 
ib. 
ib. 

ib. 
ib. 

153 
ib. 

153 
154 

ib. 

154 

ib. 

ib. 
ib. 

155 
ib. 
ib. 

ib. 

ib. 
ib. 
156 

ib. 
ib. 
157 
ib. 


ib. 

ib. 
158 
ib. 

ib. 

ib. 
ib. 

159 

159 
ib. 
ib. 


1 94 


INDEX. 


CRIMES. 

Embezzling  and  altering  records,&c.  160 
Counterfeiting  public  seals.  ib. 

Effecting  escape  of  prisoners  from 
new-gate.  ib. 

Resistance  of  officers.  ib. 

Barratry.  ib. 

against  public  peace. 
Challenge  to  a  duel.  161 

Delivering  a  challenge.  ib. 

Riot.  ib. 

O  bstructing  proclamation  against  riot.ib. 
Continuing  together  after  procla- 
mation. 162 
Destroying  turnpike  property  in 
night  season.  ib. 
Breaking  windows,  &c.  in  night 
season.                                                    ib. 
Breach  of  peace.                                  ib. 
against  chastity. 

Sodomy.  163 

Bestiality.  ib. 

Adultery.  ib. 

Incest.  ib. 

Bigamy.  164 

Fornication.  ib. 

Lascivious  carriage.  ib. 

against  morality  and  decency. 
Blasphemy.      '  164 

Profane  swearing.  165 

Distributing  obscene  books.  ib. 

Introducing  obscene  books  into  fam- 
ilies, ib. 
Drunkenness.  ib. 
Disintermeut  of  deceased  persons,     ib. 
against  public  policy,  l<TVu              <fl 
Emitting  bills  as  a  currency  without 
authority.                                              166 
Passing  such  bills.                                ib. 
Setting  up  lotteries,  without  author- 
ity. -2/jh^  W#  -V?*)                             ib. 
Selling  lottery  tickets  of  other  states,  ib. 
Keeping  an  office  for  sale  of  such 
tickets.                                               167 
Betting  on  horse-races.                        ib. 
Playing  at  cards,  &c.  for  money.       168 
Permitting  card-playing,  by  head 
of  family,  in  his  house.                         ib. 
Selling  playing  cards.                           ib. 
Keeping  implements  of  gaming  in 
taverns.                                                  ib. 
Keeping  billiard  table.                         ib. 
Gaming  at  billiard  table,  E.  O.  ta- 
ble, &c.                                                ib. 
Owning  billiard  table,  E.  O.  table, 
&c.     '                                                169 
Theatrical  exhibition?.                        ib. 
Exhibitions  by  mountebanks,  tum- 
blers. &c.                                               ib. 
Permitting  such  exhibitions  in  one's 
house.                                                 170 
how  prosecuted.                      17-2,    3,  4 
where  prosecuted.         4.  f                 171 
how  punished .  ^  ^«~-k  *V  fji           \  70 


CRIMES. 

on  second  and  third  conviction.         1 7 1 

Criminals,  where  to  be  trmd-  171 

how  to  be  prosecuted. fT4*Al4  172,  3 

Damages  on  writs  of  error.  •          54 

on  bills  of  exchange.  360 

for  lands  taken  for  highways.  268.  270. 

272 

on  penal  bonds.  50 

double,  when  allowed.  363.  467 

treble,  when  allowed.  53.  236.  253.  438. 

466. 467.  477 

Damage-fcasant,  cattle  taken,  may 
be  impounded. 

Dams  across  rivers,  how  prevented.    362 

Death,  of  parties,  when  not  to  abate 
writs.  42 

Deaths,  untimely,  how  to  proceed  in 
cases  of. 
punishment  by,  how  inflicted.  170 

Debate,  freedom  of.  24 

Debates  of  each  house  of  general  as- 
sembly, when  to  be  public.  ib. 

Debtors,  imprisoned,  how  to  be  sup- 
ported. 252 
not  to  be  lodged  with  criminals.         25U  *,    * 
when  to  take  poor  debtor's  oath.         ib.«**c  * 
absent  or  absconding,  how  to  pro- 
ceed,against.  237 

Debts,  miftual,  when  to  be  set  off. 

priority  of,  againstjnsolvent  estates.  212 
against  insolvent  tiebfors.  ib. 

Decree  of  court  of  equity,  how  to  be 
made.  196 

DECLARATION    OF    INDBPENDENCE. 

Declaration  of  rights.  20 

Declaration  in  suits,  what  to  contain, 
and  by  whom  signed. 
how  amended. 

Deed  of  lands,  must  be  in  writing.         301 
how  to  be  executed.  *  W«^  ib. 

how  to  be  acknowledged.  t>*cr*6   302 
how  to  be  recorded.  ib. 

Default   of  defendant,    when  to  be 
taken.  37 

Degrees  of  kindred,  in  which  marriage 
is  unlawful.  163 

Delinquents,  where  to  be  tried.  171 

when  bailable.  ib. 

if  committed,  how  to  be  bailed.  172 
when  to  be  bound  over  to  court.  ib. 
when  to  be  indicted  by  grand-jury.  173 
when  entitled  to  peremptory  chal- 
lenge of  jurors.  ib. 
evidence  required  in  capital  cases,  ib. 
in  cases  of  forgery.  ib. 
direction  of  court  to  jury,  in  trials  of.  174 
.when  entitled  to  writ  of  error.  ib. 
how  to  be  punished, 
for  second  and  third  conviction.  171 
female,  how  punished.  ib- 
costs  of  prosecuting,  how  to  be  paid.  175 

Demand  on  execution,   how  to  be 
made.  .         .  55 


INDEX. 


496 


Demand.  ' ' 
in  foreign^ttachment. 


241 


Demand*  against  estate  of  deceased 
persr-.i-,  how  barred.  203 

against  insolvfnt  e«t;ites.  210 

mutual,  when  to  be  set  off. 

Dnnurrer,  to  be  decided  by  the  court.    50 

DeMSiiions,  when  and  how  to  be  tak- 
en.  47 

not  to  be  written  by  persons  inter- 
ested, ib. 
witnesses,  how  compelled  to  give.      ib. 
how  to  be  opened, 
commissions,  to  take.  ib. 

Deputation  to  serve  writs  by  justices.    35 
special,  By  sheriffs 

Dfputy-fhen/s,  how  appointed.  416 

number  for  each  county.  ib. 

how  to  be  removed. 

Dfjuily-survtyors,  how  appointed.         440 

Derby  bank.  81 

Derby  ferry,  fare  of,  regulated. 

at  the  narrows,  fare  of,  regulated.     226 

Descent  offends,  rules,  of.  207 

Do-  -if.  of  lands,  how  to  be  witnessed.  199 
lapsed,  how  disposed  of.  ib. 

Devisees,  when  witnesses  to  wills,  de- 
vise to  be  void.  ib. 

DETAINER,  FORCIBLE,  mode  of  pro- 
ceedings. 235 
v  fyrectors  of  turnpike  companies.           473 
^Discipline,  military,  rules  of.  331 

Discharge,  must  be  pleaded  specially.     43 
of  military  officers,  how  made.  355 

Disclosure  by  defendant  in  equity,  not 
conclusive  198 

by  garuishee,  on  scire-facias.  241 

on  foreign  attachment.  ib. 

by  persons  suspected  to  be  infected 
with  the  small-pox.  425 

Discontinuance  of  highways,  how  or- 
dered. 272,  3 

Disinlejyient  of  dead  bodies,  prohib- 
ed.  2  rrtrff  165 

Distracted  perrons,  how  disposed  of.     275 

Distribution  of  the  powers  of  govern- 
ment. 22 
of  intestate  estates,  how  made.          206 
of  laws,  how  made.                             408 
of  school  money  among  school  dis- 
tricts.                                                   401 

Distributors  of  intestate  estates.  206 

Districts,  school,  established.  398 

povvtr  of.  399 

Disturbance  of  public  worship,  prohib- 
ited. 386 
at  meetings  in  the  field.  327 
of  town-meetings,  &c.                         326 

D  h-!sion  of  intestate  estates.  20C 

DIVORCE,  when  to  be  granted.  178 

1)  w  to  proceed  in  applications  for.    ib. 
mode  of  giving  notice.  ib. 

L'''iii'>ny  179 

DpG»s,  how  restrained.  ,,     179 


t*r 

when  may  be  killed.  180 

to  wear  cellars,  or  ;nny  be  killed.       ib. 

owners  of,  liable  for  damages.  ib. 

Double  costs,  when  to  be  paid.       94.  363. 

(467.  473 

Double  damages,  when  allowed.     363.  467 
DOWER,  when  widow  is  entitled  to.     180 
how  to  be  set  out.  181 

tenant  in,  to  Ke<_  \>  estate  in  repair,     ib. 
notice,  when  t;  be  given  of  refusal 
to  accept  provision  in  a  will  in  lieu 
of.  181 

jointure,  a  bar  to.  ib. 

Drams  and  water-courses,  in  turnpike 

roads.  472,  3 

Drivers  of  carriages,  how  regulated.     438 
Drunkards,  common,  liable  to  be  com- 
mitted to  the  work-house.  481 
Drunkenness,  how  punished.  165 
Duelling,  how  punished.  161 
DUTIES  on  writs  and  petitions.  182 
on  appeals.  ib. 
on  continuances.  ib. 
on  licences  to  retail  liquors.                 ib. 
on  sales  at  auction.                               183 
receivers  of,  to  acjcmmt  for. 
appropriated.  *-/•  1  >> L  CfQCpf      185 
Eagle  bank,  incorporated.  83 
East-Haddam  ferry,  fare  of,  regulated.224 
East-  H.iver,  fishery  in,  regulated.           232 
East-Windsor  ferry,  fare  of,  regulated. 226 
Education  of  children,  regulated.          107 
Etgfd-mile  river  in  Lyme,  fishery  in, 

regulated.  231, 

ELECTION,  when  to  take  place.  185 

place  of.  ib. 

meetings  for,  how  warned.  ib. 

presiding  officer,  how  designated,       ib. 
of  representatives.  186 

of  senators.  ib. 

of  governor.  ib. 

oflieutenant-governor.  ib, 

of  treasury  and  secretary.  ib. 

votes,  how  returned  and  counted.        ib. 
when  majority  of  votes  necessary.     187 
vacancies  in  certain  offices,  how  fil- 
led, ib. 
forms  of  certificates  of  votes.           187,  8 
secretary  to  distribute  blank  forms.    189 
penalty  for  unduly  voting.  ib. 
undue  influence  prohibited.                  ib. 
bribery  punished.                                   ib. 
illegally  obtained,  void.                        ib. 
disturbance  at,  prohibited.  ib. 
mode  of  voting .                                   1 90 
of  senators  of  the  United  States.          ib.   **. 
of  representatives  in  congress.            191  ¥** 
vacancy,  how  filled.                               ib. 
notice  how  given  to  persons  elected.  192 
persons  accepting,  when  to  give  no- 
tice.                                                    193 
forms  ofcertificates  of  votes.               ab. 
Electors,  qualifications  of.                   28,  9 


496 


INDEX. 


Electors.  •  ' 

privilege  of,  from  arrest.  29 

eligibility  of,  to  office.  ib. 

privileges  of,  how  forfeited.  ib. 

how  admitted.  194 

when  admitted,  to  be  enrolled.  195 

to  be  sworn.  ib. 

form  of  oath.  195.363 

admitted  in  another  town,  must  pro- 
duce certificate.  195 
must  have  resided  four  months  where 
they  offer  to  vote.  ib. 
Ely's  ferry,  fare  of,  regulated.                225 
Embesslement  of  property  of  deceas- 
ed persons.                                           203 
of  records,  &c.                                      160 
Encroachments  on  highways,  how  re- 
moved.                                               362 
on  turnpike  roads,  how  removed.       475 
Enfield ferry,  fare  of,  regulated.            226 
Engrossing  cummittee  to  be  appoint- 
ed by  house  of  representatives.           258 
Entailment  of  lands,  effect  of.                301 
Entry  on  lands,  time  of,  limited.      309,  10 
forcible,  mode  of  proceeding  in.         235 
Equity,  courts  of,  how  to  proceed.         195 
suits  in,  how  to  be  served.                   196 
orders  of  notice,  how  to  be  given.       ib. 
facts  found  to  appear  of  record.          ib. 
may  pass  titles  to  land.                        ib. 
may  direct  guardians  to  execute  con- 
veyances for  their  wards.                      ib. 
may  appoint  guardians  for  minors.       ib. 
may  direct  the  taking  of  depositions 
to  perpetuate  testimony.                     197 
may  grant  writs  of  injunction  in  va- 
cation. r*Mf»J    F                             ib. 
writs  of  error  from  decrees  in,  when 
they  will  lie.                                           ib. 
new  trials  may  be  granted.                  ib. 
amendments  of  bills,  Sic.  may  be 
made.                                                      ib. 
discovery  on  oath  not  conclusive.      198 
Error,  writs  of,  at  law,  when  they  can 
brought  tcf^tofM^J/                    54 
how  signed.                                            55 
bonds  for  prosecution.                         ib. 
how  served.                                           ib. 
how  served  on  petitioners  for  high- 
ways,                                                     ib. 
proceedings  on  reversal.                       54 
in  matters  of  equity.                            197 
in  criminal  causes.                               174 
Escape  of  prisoners  from  new-gate,  ef- 
fectingJW^i**  &*  rff                    160 
from  pounds.                                        380 
,JSscheats,  how  to  be  proceeded  with.    198 
Essex  borough,  incorporated.                    98 
Estate,  how  long  to  be  holdon  by  at- 
tachment.                                            37 
real,  conveyance  of.                        301,2 
when  to  be  sold  for  taxes.  (>           455,  6 
Estates,  testate,  how  settled.  M&  &  199 


intestate,  how  settled. ffifatl}       201 

insolvent,  how  settled.  209 — 12 

of  deceased   persons,  when  to  be 
sold  for  payment  of  debts.  205 

Evidence,  how  perpetuated.  197 

by  depositions,  how  to  be  taken.        47 
of  records,  how  made  out.  48 

of  public  writings,  how  made  out.       ib. 
in  trials  for  treason.  31 

in  capital  cases.  173 

in  prosecutions  for  forging  or  putting 
offforged  bank  bills.  ib. 

of  importing  convicts.  133 

of  secret  assault.  408 

of  certain  trespasses.  466 

of  damage  done  in  the  night  seasofi.  470 
of  encroachment  on  highway.  362 

Examiners  of  electors,  who  shall  be.       194 
when  and  where  to  meet.  ib. 

mode  of  proceeding.  ib. 

to  be  sworn.  195 

form  of  oath.  195.  364 

Excessive  bail  and  fines,  not  to  be  re- 
quired or  imposed.  21 

Executions,  how  to  be  directed  and 
returned.  55 

how  to  be  served  on  personal  estate,  ib. 
estate  exempted  from.  ft    56.  376 

when  to  be  levied  on  the  body.*  Wfiff  57 
copy  of,  to  be  left  with  gaoler.          ^ 
when  and  how  to  be  levied  on  land. 
levy  of,  to  be  recorded  and  returned.  58 
when  to  be  levied  on  estate  attached.  37 
when  on  body  of  debtor  committed 
to  prison.  5!: 

when  may  be  directed  to  an  indiffer- 
ent person.  ib. 
how  levied  on  shares  of  incorporat- 
ed companies.  58 
in  what  cs.se  not  to  issue,  till  bond 
is  lodged  with  clerk.  39 
when  to  be  staid,  in  case  of  insol- 
vent estates.                     »                 211 

Executive  of  the  United  States.  11 

of  this  state.  24 

officers,  oath  of.  31 

Executors  to  prove  the  will,  or  refuse 
the  trust.  200 

penalty  for  neglect.  ib. 

oa  refusal  of,  administrator  to  be 
appointed.  ib. 

to  give  bonds.  201 

to  make  inventory.  202 

penalty  for  neglect  ib. 

how  to  proceed  against  persons  em- 
bezzling the  estate.  203 
to  give  notice  to  bring  in  claims.  <ib. 
to  release  satisfied  mortgage, 
case  of  minor  heirs.  204 
to  keep  buildings  in  repair.  ib. 
may  be  called  to  account.  ib. 
may  be  removed.  .  ib. 


INDEX. 


497 


J&eculors.  ****-•]  **• 

when  removed,  administrator  to  be 
appointed.  205 

further  security  of,  may  be  required,   ib. 
when  to  represent  estate  insolvent.  209 
Exemplification  of  records.  48 

of  laws  of  other  states.  ib. 

Ertniittioti  of  members  of  the  legis- 
lature from  arrest.  24 
of  electors  from  arrest.  29 
of  property  from  execution.         56.  376 
of  persons  from  taxation.                    448 
of  persons  from  military  duty   329.  332 
E.r/t/t,;ti.ons,  theatrical,  prohibited.       169 
E:r/tii/si:>n  of  members  of  general  as- 
sembly. 24 
Factor,   &c.  of  absconding  debtors, 

how  to  proceed  against.  237 

Fai.Jield  county,  constituted.  136 

False  iritnesx,  with  intent  to  take  life, 

bow  punished.  151 

Fast-days,  labor  on,  prohibited.  386 

Ftel  a, id  -incites,  standard  of.  478 

FEES  on  appeals  from  commissioners.  2!  1 
of  assistants  to  the  state's  attornies.  396 
of  attornies,  taxable.  394 

of  city  courts,  taxable.  115 

of  clerks  of  county  courts.  389 

of  clerks  of  superior  court.  388 

of  clerks  of   superior  and  county 
courts  in  criminal  causes.  395 

of  collectors  of  taxes  for  levying 
warrants.  455. 393 

of  constables.  391,2 

for  taking  up  and  securing  drifts.      469 
of  county  courts.  388 

offence-viewers.  215 

on  trial  of  forcible  entry  and  de- 
tainer. 396 
of  gaolers.  394 
of  grand-jurors.  ib. 
on  trial  of  habeas  corpus.  265 
of  health  officers. 

in  laying  out  and  viewing  highways.  393 
of  inspectors  of  provisions, 
of  jurors.     -  389 

of  justices  of  the  peace.  391 

of  justices  of  the  peace  in  criminal 


395 
115 
396 
395 
297 
393 
394 

380.  219 
?«9.390 

_.  ,  f 391 

of  sheriffs.  I  Yfi  1,1  ^  391, 2,  3 

of  sheriffs  in  criminal  causes.  395 

of  state's  attornies.  395,  6 

on  trial  of  summary  process  to  ob- 
tain possession  of  land.  ,,         308 


causes. 

of  mayor  or  alderman,  taxable. 

of  notaries  public. 

of  officers  in  criminal  causes. 

of  packers  of  provisions. 

of  parties  in  civil  actions. 

for  petitions,  taxable. 

of  pound-keepers. 

of  pn.^ate  courts. 

of  si'crr-tary^of  the  state. 


Fees. 

of  superior  court. 

of  surveyors  of  provisions. 

of  town-clerks.  394. 

of  witnesses  in  civil  causes. 

of  witnesses  in  criminal  causes. 

for  writs,  taxable. 

See  Compensation. 

Salary. 

Fellows  of  Yale-College. 
Female  convicts,  how  punished. 
Font  covert,  how  to  convey  her  lands. 

may  make  a  will. 
FENCES  to  be  made,  by  owners  of 

particular  incl»sures. 

what  are  lawful  and  sufficient. 

how    adjoining    proprietors    shall 

make. 

when  one  makes  the  whole,  how  to 

proceed. 

how  to  be  divided. 

how  to'proceed,  when  divisional,  is 

not  in  repair.^^^*-^^  ^'e£6$~ 

when  one  opens  his  enclosure. 

when  they  cannot  be  placed  in  the 

line. 

of  common  fields  regulated. 
Fenci-viewers  to   be   appointed    by 
""towns. 

by  proprietors  of  common  fields. 

to  decide  on  sufficiency  of  fences. 

to  regulate  fences  in  common  fields. 

oath  of. 

fees  of. 
FERRIES,  by  whom  to  be  kept  and 

maintained. 

how  to  be  famished. 

how  to  be  tended. 

lawful  fare  of,  only  to  be  taken. 

rate  of  fare  of,  to  be  set  up. 

commissioners  of,  how  appointed. 

their  power  and  duty. 

compensation  of  commissioners. 

fares  of,  regulated.  ?%-f  *^       224- 
Fie'ds,  common,  regulated. 
Field  compass  to  be  kept  bysurveyor- 

general  and  deputies. 
Fines,  how  collected  and  accounted 

for. 

in  qui  tarn  suits,  how  collected. 
Fish,  inspection  of. 
FISHERIES,  how  regulated.;  >;<'  if  ^ 

of  clams  and  oysters  in  towns. 

in  Connecticut  river. 

in  Eight-mile  river  in  Lyme. 

in  Key's  brook  in  Killingly. 

in  Nachaug  river. 

in  New- Haven  East  n,ver 

in  Ousatonnic  river,  z 

in  Paukatuck  river. 

in  Quinebaug  river. 

in  Selden's  cove. 

in  Selden's  creek  inLvme. 


297 
450 


395 
394 


484 
171 
304 
199 

213 
ib. 


ib. 
214 

ib. 
ib. 

2\5?^/  r 

457 
215 
213 
217 
366 
215 

219 
ib. 

220 


221 
ib. 

224  , 
227  Y* 
215 

440 

465 
ib. 
288 

227  (L 


231 

232 
231 

228 
233 
230 
2.51 
283 


INDEX. 


IsHEKIES.  O/    * 

in  Shetucket  river .2  Y*L  48l 


FISHERIES. 

230 

in  rrumner  s  creel^in  Middlctoirn.     231 
in  Thames  river,  t-  ^^  I/  2:32 

in  Wilh'mantic   river.     0  231 

in  Windsor-ferry  river.l  /ot^Jl.Jfc/ 229 
on  flats.  235 

in  ponds.  ib. 

Flour,  inspection  of.  289 

FORCIBLE  ENTRY  AND  DETAINER, 
how  to  proceed  in.  235 

FOREIGN    ATTACHMENT,    mode   of 
proceeding  in. ibf ft&  237 

how  writ  shall  be  served.  ib. 

how  suit  may  be  defended.  ib. 

when  suit  shall  be  continued.  238 

demand  to  be  made  on  execution.      ib. 
when  scire-facias  shall  issue.  ib. 

how  scire-facias  shall  be  tried.  ib. 

when  judgment  shall  be  rendered 
against  garnishee.  239 

when  agent,  &c.  shall  be  discharged 
from  principal.  ib. 

when  execution  shall  be  stayed.         ib. 
mode  of  proceeding,  when  debt  is 
assigned.  240 

when  costs  shall  be  taxed.  ib. 

commission  to  take  disclosure.          241 
limitation  of  scire-facias.  ib. 

how  agent  or  debtor  shall  be  cited 
in  to  disclose  in  original  siyt..  ib. 

Foreigners  not  to  hold  lands J-Ml^if     301 
how  to  gain  settlements  in  towns.      279 

Forgery  of  public  securities.  154 

of  private  securities.  155 

FORM  of  attachment.  242 

of  bond  to  be  given  by  administra- 
tors or  executors.  201 
of  bond  for  prosecution, 
of  bond  on  writ  of  replevin.  ib. 
of  bond  on  writ  of  replevin  by  one 
not  a  party  to  the  suit.  ib. 
of  execution  from  justice  of  peace.  243 
•if  execution  from  superior  or  coun- 
ty court.                                           243,  4 
f'l  notice  to  quit  possession  of  land.  307 
of  subptena  for  witnesses.                  244 
of  summons.                                         242 
of  warrant  for  collecting  taxes.         :245 
of  warrant  or  writ  of  replevin.          244 
other  forms  may  be  used.                 246 

Forms  of  certificates  of  votes.  187,  8.  193 
of  certificates  relative  to  scholars 
and  schools.  402,  3 

Fornication,  how  punished.  164 

Foriiine-teHers,  liable  to  be  commit- 
ted to  work-house.  481 

FRAUDS  AA-D  PERJURIES,  how  pre- 
vented. "     246 

FRAUDULENT  CONVEYANCES,  void.     247 

Freedom  of  speech  and  of  the  press, 
secured.  20 

Funeral  charges,   how   to  be  paid, 

estate  is  in-oK  212 


Gamblers  may  :be  bound  to  gaod  be- 
havior. -23*> 
how  punished.  168 
GAMING,  how  prevented.                      248 
contracts  void. 

money  lost  at,  may  be  recovered 
back.  ib. 

billiard  and  E  O  tables  may  be  de- 
stroyed. 249 
keeping  implements  of,  how  punish- 
hed.     '  168 
GAOL,  to  be  kept  in  each  county.         250 
expence  of,  how  defrayed.     "  ib. 
sheriff  to  be  keeper  of.                        -25 1 
liberties  of,  how  established.              252 
removal  of  prisoners  from,  in  case  of 
sickness.                                               256 
to  be  used  under  authority  of  the  U- 
nited  States.  ib. 
counties  liable  for  escape  from.  ib. 
provision  for,  when  there  is  none  in 
county.                                                      ib. 
debtors  in,  how  to  be  supported.        253 
not  to  be  confined  with  criminals.       ib. 
Garnishee-  how  proceeded  against,  237  to 
(242 
Gates  on  turnpike  roads,  when  to  be 

set  open.  471.  473,  4 

GENERAL  ASSEMBLY,  how  constitu- 
ted. 22 
stated  sessions  of.                                  ib. 
powers  of  each  house  of. 
how  to  proceed  with  public  bills.       25" 
adversary  petitions  to  be  referred 
to  joint  committees.                              25o 
each  house  of,  to  make  debenture.       ib. 
public  acts  of,  when  to  take  effect,      ib. 
petitions  to,  regulated.                        375 
when  and  how  to  choose  a  governor.  25 
what  officers  shall  not  be  members  of.  32 
oath  to  be  taken  by  members  of.         31 
General  issue*,  when  may  be  pleaded.     42 
Goods,  lost,  how  to  be  proceeded  with  439 
attached,  when  to  be  levied  on  by 
execution.  37 
exempted  from  execution.                    56 
Government,  powers  of,  distributed.       22 
GOVERNOR,  how  elected.                         24 
term  of  office.                                         ib. 
qualifications  of.                                    ib. 
power  and  duty  of.                            25,  6 
salary  of.                                            387 
may  appoint  a  secretary, 
may  appoint  notaries  public, 
may  administer  oaths.                          ib. 
captain-general  of  militia.            25.  335 
power  and  duty  of  as  such.      335  to  255 
when  may  adjourn  general  assembly.  25 
when  may  appoint  senators  in  con- 
gress.                                                    191 
may  require  new  bonds  from  sher- 
iffs.                                                       414 
may  remove,  incase  of  refusal.           ib. 
may  make  new  appointment.               ib. 


INDEX. 


GOVERNOR. 

may  take  bonds  of  the  treasurer.       462 
may  fill  vacancy  in  office  of  com- 
missioner of  school  fund,  happening 
during  recess  of  general  assembly.     407 
in  office  of  sheriff.  28 

in  office  of  treasurer,  secretary  and 
comptroller.  187 

in  office  of  commissioner  on  turn- 
pike roads.  471 
may  offer  a  reward  for  making  dis- 
covery and  giving  information  a- 
gainst  capital  offenders.  176 

GRAND  JURORS  to  he  appointed  by 
towns.  259 

their  duty.  ib. 

penalty  for  not  accepting  office.  ib. 

penalty  for  neglect  01  duty.  260 

penalty  on  towns  for  neglecting  to 
appoint.  ib. 

may  meet  to  advise.  ib. 

when  to  be  summoned  by  courts.         ib. 
single,  when  to  present.  26 1 

Grand-jury,  indictment  by,  when  ne- 
cessary. n  21 

Grist-mills,  toll  of,  regulatedi  rJi  n     356 

Guards,  governor's.  354 

of  new-gate.  357 

GUARDIANS,  age  for  choosing  of.  262 

and  how  appointed.  ib. 

bonds  to  be  taken  of.  263 

when  and  how  removed.  ib. 

may  be  called  to  account.  ib. 

may  make  partition  of  lands.  ib. 

may  release  mortgages.  ib. 

may  sell  lands,  by  order  of  court.         ib. 
where  to  apply  for  order  of  sale.       264 

Guilford  borough,  incorporated.  97 

HABEAS  CORPUS,  writ  of,  when  and 
how  to  be  issued.  265 

when  it  may  be  suspended.  21 

Haddam-island ferry,  fare  of,  regulat- 
ed. 224 

Hartford  Bunk.  64 

Hartford  city.          108.  122. 124.  126.  130 

Hartford  county,  stated  and  named.      135 

Hartford  and  New-Hacen  turnpike 
company,  right  of  to  trees,  stones, 
&c.  on  their  road,  established.  475 

Hau-kf.rs,  &c.  prohibited  to  sell  for- 
eign goods.  374 
and  feathers  and  indigo. 

Haywards  to  be  appointed  by  towns.    457 
duty  of,  to  impound  swine.  380 

Health,  board  of,  how  constituted.         419 
committee,  how  appointed.  ib. 

officers,  how  appointed.  ib. 

duty  and  power  of.iMrte     420  to  427 

Hearse,  and  pall,  how  to  be  provided.  404 

Heirs,  on  distribution,  to  give  bonds 
to  refund.  208 

Hereditary  emoluments,  privileges  and 
powers,  not  to  be  granted.  22 

tiigganumrferry,  fare  of,  regulated.      224 

{          ten 


HIGHWAYS  to    be    maintained    by 
towns.  266 

towns  liable  for  deficiency  of.  ib. 

when  railings  to  be  erected  on.          267 
how  to  be  laid  out,  by  select-men.     268 
how  to  proceed  in  laying  out  by 
couuty  court.  269 

how  to  be  laid  out  in  cities  and  bor- 
oughs. 27-2 
how  discontinued  by  select-men.         ib. 
how  discontinued  by  county  court.    273 
how  to  be  repaired  by  towns.  ib. 
when  county  court  may  give  order 
to  repair. 

encroachment  on,  prohibited.  362 

how  removed.  ib. 

H orst-racins:,  prohibited.  167 

Horses  used  in  racing,  forfeited.  ib. 

Horse  stealing,  how  punished.  168 

H ouse  of  representatives,  how  consti- 
tuted. 22 
officers  of.  23 
quorum  of.  ib. 
to  make  its  own  rules.  24 
to  keep  a  journal  of  proceedings.  ib. 
members'  of.  privileged  from  arrest,  ib. 
debates  of,  to  be  public.  ib. 
to  appoint  engrossing  committee.  258 
to  make  its  debenture.  ib. 
Houses,  licenced,  how  regulated.  442 
unlicenced,  prohibited.  444 
*>  of  correction,  how  established  and 

regulated.  480  to  482 

Hue-and-vy,  by  whom  to  be  receiv- 
ed and  put  forth.  132 
IDIOTS,  conservators  of,  how  appoint- 
ed.                                                        '271 
estate  of,  how  to  be  managed.     -.       ib. 
Idle  persons,  how  taken  care  of.             276 
liable  to   be  committed  to  work- 
house.                                                   481 
Illegitimate  children,  how  supported.     91 
Impeachment,  power  of.  30 
trial  of,  how  conducted.                        ib. 
what  officers  liable  to.                            31 
judgment  in  cases  of.                             ib. 
Impounding  cattle.                                  377 
Imprisonment,     when     allowed     for  ff 
debt.                                               36.57//fe 
for  crimes.                                             172 
J Hi-tat,  how  punished.                               163 
Incuinbrance  on  highways,  how  re- 
moved.                                                 361 
Indentures  of  apprenticeship*                318 
INDIANS,  how  protected.  TK/^jo      278 
Indictment  by  grand-jury,  when  nr- 
cessary.                                                   21 
when  courts  shall  summon  grand- 
juries.                                              IT.; 
Indifferent  persons,  when  to  serve  civ- 
il process.                                             35 
Infectious  diseases,  spreading  of,  how 

prevented.  419 

Informations  for  offences  to  be  made 


500 


INDEX. 


Informations. 

by  grand-jurors  and  attornies  for 
the  state.  261 

for  breaches  of  sabbath,  how  made.  386 

Informing  officers,   duties    of,   when 
part  of  fine,  &c.  is  given  to  some  per- 
son, i-c.  170 

INHABITANTS,  how  to  gain  settlements 
in  towns.  279 

foreigners,  how  to  gain  settlement,     ib. 
of  other  states,  how  to  gain  settle- 
ment, ib. 
of  one  town,  how  to  gain  settlement 
in  another.                                            280 
paupers,  how  to  be  removed.             281 
of  other  states,  how  removed.  ib. 
may  be  warned  to  depart.  ib. 
penalty  for  not  departing.  ib. 
of  other  states,  not  to  be  entertained 
in  this.                                                   282 
paupers  not  to  be  brought  into  this 
state.  ib. 

Inn-keepers,  how  appointed  and  reg- 
ulated. 442 

Inquest,  in  case  of  sudden  death.  177 

I-tis:  :ie  persons,  how  to  be  taken  care 
of.  274 

Insolvent  estates,  how  to  be  settled.       209 
3el  <ors,  how  liberated.  253 

INSOI  VENCV,  acts  of,  when  and  how 
err.  ited.  J 


-  ~<j.^,  Q,    *  vi  oupciiui  t^uuit, 

CTION  OF  PROVISIONS,  how  reg-       6  ?M  of  county  courts. 


Joint-tenants. 

to  have  partition.  303 

Jointure,  how  to  be  made,  and  efiect 
of.  181 

Journal  to  be  kept  by  each  house  of 
the  general  assembly.  24 

Judge-adrocate,  how  appointed.  352 

Judges,  how  to  be  appointed.          28  149 
tenure  of  office.  28 

limitation  of  term  of  office  by  age.      ib. 
removable,  in  what  manner.  ib. 

when  disqualified  by  relationship,  or 
by  interest.  148 

when  not  a  quorum  of,  how  to  pro- 
ceed. 140 
when  none  qualified  to  act,  how  to 
proceed.  148 
what  offices  incompetent  to  hold.         ib. 
may  not  be  taverners.  ib. 
of  supreme  court  of  errors  and  of  su- 
perior court,  may  not  be  members 
of  the  general  assembly.  32 

Judgments  not  to  be  reversed,  for  cir- 
cumstantial errors.  42 

Judicial  department,  established.  28 

Judicial  proceedings,  in  one  state,  ef- 
fect of  in  another.  14 

Jugglers,  liable  to  be  committed  to 
work-house. 

Jurisdiction  of  supreme  court, 
of  superior  court. 


uidted. 

of  twef. 

of pork. 

offish, 

of  flour.  ^o^r^in 

of  corn  meal,  fry  (j—*7  j»  / 

of  shiiiTh  ••- 

of  butter. 

of  lard 

of  tobacco. 

of  pot  fend  pearl  ashes. 

of  staves  and  heading. 

of  pine  beards. 

of  onions. 

Itupection  of  turnpike  roads. 
fnspt.ctor-geiir.fal,  how  appointed. 


286  to  297 
287 
288 

ib. 
289 

ib 

ib. 
295 

ib. 

ib. 

ib. 

ib. 

ib. 

ib. 

471,  2 
286 


481 
137 
138 
139 
143 
41.  146,  7 

45 

ib. 

ib. 

46 

ib. 

ib. 

ib. 

49 

ib. 

50 


286  to  294 

Inspectors,  deputy,  bow  appointed.  ib. 

pr>wer  and  duty  of.  ib. 

assistant,  how  appointed.  ib. 

•  ,i!ii'  duty  of.  ib. 

''««/•  R  CE,  how  prevented. 2  297 

if]     •      ,  rate  of.*kMrt3L  476 

..   settled.  199 

1  lie  made  out."  202 

•i  to  be  given.  .  42 

in  fact,  when  tried  hy  court.  50 

by  ,  45 
••/rn.-tors,  how   to    be  sued 

.ire  out  of  state.  39 
nints  to  have  account  against 

each  other.  34 


of  courts  of  probate, 
of  justices  of  the  peace. 

Jurors  to  try  issues  in  fact, 
how  to  be  appointed, 
how  drawn,  and-summoned. 
additional,  how  summoned, 
how  designated.  I  V<£  Us  3> 
penalty  for  non  attendance, 
talesmen,  how  returned, 
may  give  in  special  verdict, 
to  be  under  charge  of  an  officer, 
penalty  for  misconduct, 
number  of,  to  be  appointed  in  each 
town.  ifat  f»7  298,  9 

Jury,  right  of  trial  by,  to  remain  in- 
violate. 22 

Justices  of  the  peace,   appointment 
of.  28.  149 

continuance  in  office.  *  ib.     ib- 

civil  jurisdiction.  ^''^JL 30  41.  146 

criminal  jurisdiction.  147 

what  offices  incompetent  to  hold.       148 
fees  of.  391.  395 

powers  and  duties  of  in  particular  ca- 
ses. 34.  39,  40.  52.  53.  91.  134.  147. 
163.  166.  172.  177.  179.  182.  190.  200. 
228.  235.  2.  ;9.  242,  3.  249.  255.  268. 
277.  297.  302.  307,  8.  316.  319.  326,  7, 
374.381,2.  383.385,  6.391.395.407,8. 
410.  416.  425,  6.  434.  444.  445.  469. 
470.  479.  482. 


'      INDEX. 


501 


Kf-eptr  of  new-gate  prisen,  how  ap- 
pointed. 357 
power  of.  ib. 
of  the  seal  of  the  state,  secretary  to 
be.                                                27. 408 

Kenny  s  ffrry,  fare  of,  regulated. 

Key's  brook,  in  Killinsly,  fishery  in, 

regulated.  232 

Kidnapping,  how  punished.  153 

Killingworth^  borough  of,  incorporat- 
ed. 97 

Kindred,  prohibited  to  intermarry.  163 

to  support  poor  relations.  369 

King'sferry,  fare  of,  regulated. 

LANDS,  tenure  of.  299 
patents  of,  valid.  301 
given  to  public  uses,  to  remain  to 
such  uses  301 
limitation  to  prevent  perpetuities.  ib. 
rule  in  Shelley's  case,  abolished.  ib. 
collateral  warranties,  when  void.  ib. 
aliens  cannot  hold  ib. 
deeds  of,  how  to  be  executed.  302 
to  be  acknowledged  ib. 
caution,  when  and  how  to  be  enter- 
ed ib. 
deeds  of,  to  be  recorded.  ib. 
leases  of,  to  be  in  writing  303 
to  be  acknowledged  and  recorded  ib. 
deeds  of,  from  Indians,  void  ib. 
from  persons  out  of  possession,  void.  ib. 
partition  of,  how  made  ib. 
deeds  of,  by  married  women,  how 
executed.  304 
executors,  power  of,  to  sell.  ib. 
possession  of,    when  recovered  by 
summary  process.  307 
title  of,  to  be  tried  in  county  where 
situated  41 
common  and  undivided,  how  man- 
aged.  ttifqrp  304 

Lapsed  legacy,  how  disposed  of. 

Lascivious  carriage,  how  punished  164 

Laws  to  be  made  in  support  of  free 
suffrage. 

of  other  states,  how  proved  48 
of  United  States,  how  distributed.  408 
of  this  state,  how  published  and  dis- 
tributed, ib. 
style  of. 

revised,  confirmed.  485 
when  to  take  effect.                         485,  6 

Leases  of  lands  to  be  in  writing,  and 

recorded.  303 

LEATHER,  tanning  of,  regulated.  308 

manufacture  of,  regulated  ib. 
penalty  for  fraudulently  stamping 

of  309 

Legacy,  lapsed,  how  disposed  of.  199 

given  to  witnesses  to  wills,  void.  ib. 

Legislative  pou-er,  where  vested. 

Legislature,  how  constituted.  22 

how  elected.  If!.! 

how  to  proceed.  257 


Lery  of  executions,  manner  of,  direct- 
ed. 55 

Lewd  and  dissolute  persons,  liable  to 
be  commit  red  to  work-house.  48J 

Libel,  in  prosecution  for,  truth  may 
be  given  in  evidence.  20 

Liberty  of  speech  and  of  the  press.          ib. 

LIBRARY  COMPANIES,  incorporated    309 

Licence  to  tanners  of  leather.  308 

to  tavern-keepers  442,  3,  4 

Licensed  houses,  regulated.  442 

Lien  of  taxes  on  lands  456 

Lieutenant-general  of   militia,    who 
shall  be.  335 

Lieutenant-governor,  how  chosen.  25 

salary  of  387 

to  be  president  of  the  senate*.  26 

when  to  exercise  powers  of  govern- 
nor  ib. 

lieutenant-general  of  militia.  335 

LIMITATION^  of  entry  upon  lands.         309 
not  to  AJqJfc^tinst  Indians.  279 

of  actions  upon  specialties.  310 

on  simple  contracts  ib. 

of  trespass  on  the  case.  ib. 

of  express  contracts,  not  in  writ- 
ing 311 
of  slander.  ib. 
of  trespass  ib. 
on  penal  statutes.  ib. 
against  officers  for  neglect.  ib. 
of  writs  of  error.  ib. 
of  petitions  for  new  trial.  ib. 
of  time  to  commence  a  new  action 
after  reversal                                        311 
time  of  defendants  absence  not  to 
be  computed                                         ib. 
of  scire-facias  against  garnishee.       241 
of  granting  administration                   209 
of  proving  will                                          ib. 
of  exhibiting  claims  against  the  es- 
tate of  deceased  persons.             203  210 
saving  for    creditors  out  of  the 
state                                                  203, 4 
of  exhibiting  claims  accruing  after 
debtor's  decease.                                    204 
of  suits  to  recover  claims  disallow- 
ed by  executor  or  Administrator.         ib. 
of  suits  by  judgment  creditor  against 
bail  or  surety                                         63 
of  suits  to  recover  the  amount  of  a 
counterfeit  bill  or  note                    134,  5 
of  suits   to  recover  money  lost  at 
play.                                                         248 
of  suits  for  maintenance  of  bastard 
child  93 
of  prosecution  for  treason,  and  new- 
gate  offences                                  :;11,12 
for  other  offences                                  312 
of  complaint  or  action  for  forcible 
entry  or  detainer.                                 236 
of  prosecutions  for  breach   of  law 
regulating  pounds.                               380 


1 


INDEX. 


^IMITATION. 

for  breach  of  law  for  observance  of 
the  sabbath.  386 

of  process  against  horse  used  in  rac- 
mg.  167 

not  to  run  in  favor  of  persons  fleeing 
from  justice.  312 

in  favor  of  master  or  guard  of  new- 
gate.  360 

Limits  of  gaol,  how  established.  252 

Lines  of  loicns,  when  to  be  perambu- 
lated. 95 

Litchfield  county,  stated  and  named.      136 

Logs,  how  to  proceed  with,  in  Con- 
necticut river,  &c.  468 

LORD'S  DAY,  observance  of.  385-7 

Lost  goods,  IIOAV  to  proceed  with.          439 

Lotteries,  prohibited.    .  166 

Lumber,  how  to  proceed  with,  on  Con- 
necticut river,  &c.  W.', 

Lunatics,  how  to  be  taken  care  of.        274 
when  to  be  confined  i  M|f  4^7       2~  5 

Maintenance  of  paupers,  by  towns.       369 
by  the  state.  371 

of  unlawful  suits,  prohibited.  312 

Magazines,  public,  destruction  of.  pun- 
ished. 153 

MANDAMUS,  writ  of,  when  to  be  grant- 
ed 314 

peremptory,  when  to  issue.  ib. 

power  of  court,  on  return  of.  ib. 

Manslaughter,  how  punished.  151 

MANUFACTURING  COMPANIES,  priv- 
ilege of  JbdiuZft'*-  fh  316 

MARRIAGE,  intention  of,  how  to  be 
published.  316 

who  mayjoin  persons  in.  ib. 

penalty  for  joining  in,  without  publica- 
tion. 317 

without  consent  of  parents,  &c.  ib. 

certificate  of,  to  be  lodged  with  town- 
clerk.  ib. 

penalty  for  neglect,  ib. 

Master  of  new-gate  prison,  how  ap- 
pointed. 357 

power  and  duty  of.  ib. 

of  work-house,  how  appointed.          480 
power  and  duty  of.  ib. 

MASTERS,  how  apprentices  shall  be 
bound  to  318 

how  to  proceed  with  refractory  ap- 
prentices 319 

how  to  bring  back  runaway  appren- 
tices. ib. 

abusing  apprentices,  how  proceed- 
ed against  ib. 

to  instruct  children  in  manufacto- 
ries ^20 

Masters  of  vessels,  penalty  on,  for  ex- 
porting articles  not  inspected,  &c. 
of  work-housf'p,  duties  of 
to  account  semi-  annually.  481 

Masts,  when  to  be  taken  up  in  Con- 
necticut river.  469 


293 

4HO 


Mayhem,  how  punished.  151 

MEASURES  and  WEIGHTS,  regulated.  .477 
MEDICAL  society,  incorporated  jW*«*:522  ? 
convention.  ib.     " 

institution  of  Yale-College.  323,4  l 

Meeting-houses,  how  to  be  built.  434 

MEETINGS,  disturbance  of,  how  pun- 
ished. 326 

order  in,  how  preserved.  ib. 

questions  in,  to  be  decided  by  major 
vote.  327 

Meetings,   religious,  in  the  field,  li- 
quors not  to  be  sold  within   two 
-  miles  of.  327 

penalty  for  breach  of  the  law  ib. 

duty  of  informing  officers.  ib. 


MEMORIALS  io  the  general  assembly 

/7^f7V  375 

M  iddle-H  addam-land  ing  ferry,  fare  of.  224 


regulated 


Middlesex  county,  stated  and  named      136 
MiddletoicH  bank,  incorporated.  71 

' 


city 


e*C 


ftrry,  fare  of,  regulated  224 

horse-boat  may  be  kept  at.  222 

Mile-stones,  penalty  for  defacing.  467 

MILITIA,  of  whom  t9  consist.  328 

how  enrolled.  r«^4^  ib. 

how  armed.,  f  fa        .  ib. 

exempts  £/***«  .y*  .4ty4f>,  329 

how  arranged  and  officered.  2  ftt-46f  ib. 

colors  and  music,  how  furnished.  330 

adjutant-general,  his  duty.  ib. 

how  to  make  returns.  332 

rules  of  discipline.                ~  331 
officers,  how  to  take  rank.i/g/^/^  ib. 

brigade  -inspector,  duty  of  ib. 

of  this  state,  of  whom  composed.  332 

exempts.  fw.<rit-,6t(>  ib. 

how  enrolled.  333 

minors,  how  enrolled.  ib. 

organization  of-jTr-C  <"f  r  334 

how  officered.  zW  6  r*-  ib. 

companies,  when  to  be  enlisted.  335 

officers,  how  appointed.  ib. 

adjutant-general,  how  appointed.  336 
quarter-master-general,    how    ap- 

pointed. ib. 
commissary-general,  how  appoint- 

ed. 337 

how  armed.  338 

uniform  of.  ib. 

exercise  of.  ib. 

review  of.  339 

inspection  of.  340 

warningof.  ib. 

enrolment  of.  ib. 

divisions  and  brigades,  review  of.  341 

prohibited  firing,  except  by  order.  ib. 
disorders  of,  how  punished. 

music  to  assemble  for  instruction.  ib. 
ilnes  for  non-appearance  and  defi- 

ciencies. ib. 
how  fines  are  to  be  imposed. 

how  appeals  may  be  made  ib 


INDEX. 


50.3 


MILITIA. 

warrants  to  collect  fines.  344 

fines,  how  disposed  of.  ib. 

soldiers  unable  to  equip  themselves, 
how  equipped.  345 

Quakers,  <fec.  how  exempted.  ib. 

officers  may  be  called  out  for  exer- 
cise, ib. 
parade,  how  established.                     346 
how  called  out  on  alarms.  ib. 
fines  for  neglect  to  appear.                  347 
how  to  be  collected.  ib. 
substitutes,  how  furnished.                 348 
notice  to  persons  detached,  how  to 
be  given.                                                ib. 
forfeiture  for  non-appearance.              ib. 
when  parents,  &c.  liable  for  minors,     ib. 
wounded  and  disabled  soldiers  pro- 
vided for.                                                ib. 
courts  martial,  constituted.                 349 
form  of  orders.  ib. 
members  of  court-martial,  by  whom 
detailed.                                                350 
how  detailed,  "i.  i*C-  libf                    351 
courts-martial,  how  to  proceed.          ib. 
judge-advocate  appointed  in  each 
county.                                             .     352 
exceptions  to  members  of  courts- 
martial,  ib. 
what  punishments  may  be  inflicted,    ib. 
expenses    of  courts-martial,    how 
paid.                                                      353 
sentence  of,  to  be  approved  by  cap- 
tain-general.                                        354 
liability  of  persons  removing  into 
the  state  ib. 
fire-men,  how  far  liable.                        ib. 
how  officers  to  do  duty.                          ib. 
colors,  how  to  be  furnished.                 354 
companies  of  guards,  how  enlisted,      ib. 
music  of,  how  to  practice.                  355 
power  to  dismiss  guards.  ib. 
captain-general  of,  may  establish 
uniforms  and  badges,     a,  „  ib. 
may  discharge  officers.  ?  r<,(.  C/f          ib. 
may  settle  rank  and  limits  of  com- 
panies.                                                  356 
may  alter,  form,  and  reduce  compa- 
nies, ib. 
may  cause  annual  returns  to  be  laid 
before  the  general  assembly.                ib. 
return  (o  be  made  to  adjutant-gen- 
eral, by  secretary,  of  officers  dis- 
charged and  appointed.                        ib. 
Military  to  be  in  subordination  to  the 

civil  power.  /)       ..      rro  21. 

MILLS,  toll  of,  regulated.  9  MlfafAfo  356 

sealed  measures  to  be  kept  at.       h    ib. 

Ministers  oflht  gospel,  how  settled.      433 

Minors,  guardians  of,  how  appointed.  262 

lands  of,  how  t«>  be  sold.  264 

M  i.sprision  of  treason,  how  punished.     151 

M iiiinttis  to  commit  principal  on  ap- 

.  plication  of  bailor  t  fctsv  64 


Moderators  of  meetings,  how  appoint- 
ed. 326 
power  to  preserve  order.  ib. 
to  have  casting  vote.                           327 
Mountebanks,  &c.  how  punished.          169 
Murder,  how  punished.                           151 
Nachaug  river,  fishery  in,  regulated.    231 
NEW-GATE  PRISON,  established.           357 
overseers  of,  how  appointed. H^/un***^  ib. ' 
master  of,  how  appointed.  ib. 
duty  and  power  of.  ib. 
to  render  his  account.  ib. 
duty  and  power  of  overseers  of.  357,  8 
to  settle  accounts  annually.                358 
to  make  rules.                                        ib. 
when  to  discharge  or  retain  prison- 
ers for  costs.                                         359 
escape  of  prisoners  from,  how  pun- 
may  be  used  as  a  prison^y  the 
United  States. b^^Mt^          ib. 
keeper  and  guard  of,  protected  from 
arrest,   ta^*^  Jg£"  ib. 
New- Haven  Bank.     /  69 
City.  L  >-. .C  rfz-.fff                     !Q8 
County,  stated  and  named.                 135 
New-London  Bank.,  78 
'Ofy.'tMf  ]*•***                       109 
County,  stated  and  named.                 136 
ferry,  fare  of,  regulated.                      224 
horse- boat  may  be  kept  at.              223  0. 
New  trials,  when  granted,  at  law. 

in  equity.  197 


Night  season,  trespasses  committed 

in,  how  prosecuted. 
Night-walkers,  liable  to  be  committed 

to  work-house. 

Nonsuit,  when  it  may  be  made. 
Norwich  Bank.   * 

Notaries  public,  how  appointed. 
NOTES  PROMISSORY,  when  negotia- 
ble. 


470 

481 

40 

73 

109 

259 

360 


Notice,  to   quit  possession  of  land, 
form  of.  307 

NUISANCES  in  highways  defined.  361 

how  punished,  i  faff.**,  ib! 

how  removed.  -.fa<+t£».  t  /./  ffo          ib. 
in  rivers,  defined.  '          362 

how  punished.  ib. 

how  removed.  ib. 

by    obstructing    navigation,    how 
punished.  363 

in  Connecticut  river,  how  punished,  ib. 

OATH,  form  of,  for  aldermen.  1 1  !i 

appraisers  of  deceased  persons'  es- 
tates. 366 
appraisers  of  land  on  execution.  ib. 
arbitrators.  368 
assessors  of  taxes.  366 
attornies.  ib. 
auditors  in  account  and  book-debt.  368 
auditors  of  state  account!:.  ib. 
bailiffs  of  boroughs.  103.  364 


\ 


504 


INDEX. 


OATH. 

board  of   relief  and  equalization, 
members  of.  366 

burgesses  of  boroughs.  102 

chainmen.  367 

clerks  of  boroughs.  102,  3 

clerks  of  cities.  118,  9 

clerks  of  city  courts.  114.365 

clerks  of  civil  authority.  436 

clerks  of  county  courts.  365 

clerks  of  probate.  ib. 

clerks  of  proprietors  of  common  and 
undivided  land.  305 

clerks  of  representatives,  house  of.    368 
clerks  of  societies,,  366 

clerks  of  senate.  %  M 1UO  368 

clerks  of  superior  court.  365 

clerks  of  towns.  ib. 

commissioners  on  the  estates  of  in- 
solvent debtors.  283 
commissioners  on  the  estates  of  in- 
solvent persons  deceased.  368 
commissioners  of  sewers.  366 
committees  in  chancery.                      368 
committees  to  lay  out  highways.    269. 
367 

common  council  men. 
comptroller, 
constables, 
county  surveyors, 
courts-martial,  members  of 
distributors  of  estates. 
electors. 

examiners  of  electors, 
executive  officers, 
fence -viewers. 


OATH. 

town-treasurers, 
treasurer  of  the  state, 
tything-men. 
voir  dire. 


366- 
364 
366 
368 
102 
365 


118 
364 
364 
367 
351 
367 
363,  4 
364 
31 
366 

gangers.  ib. 

general  assembly,  members  of.  3 1 

grand-jurors.  366 

grand-jurors  empanneled  in  court.     364 
haywards.  366 

inspectors  of  provisions.  36t>.   lO.j 

judge-advocates.  352 

judicial  officers.  31 

jurors  in  civil  causes.  364,  5 

jurors  in  criminal  causes.  364 

jury  in  forcible  entry  and  detainer.  367 
jury  to  reassess  damages  on  high- 
ways, ib. 
jury  of  inquest.  365 
"leather  sealers.  366 
masters  or  owners  of  vessels,  as  to 
provisions  for  exportation.  293 
mayors  of  cities.  118 
plaintiff  in  attachment  directed  to 
an  indifferent  person.  35 
poor  imprisoned  debtors.  254 
referees.  .368 
scavengers.  366 
sealers  of  weights  and  measures.  ib. 
secretary  of  state.  364 
society  treasurers.  '366 
surveyors  of  highways.  ib. 
surveyors  of  provisions.  ib. 

'.M  1+10 


wardens  of  boroughs, 
witnesses. 

form  of  administering, 
when  affirmation  may  be   substi- 
tuted ib. 
may  be  administered  by  surveyors 
to  chainmen.                                         442 
Observance  of  Lord's  day.                       385 
Offences,    described   and   punished.     151 
to  170 

Officers  not  to  draw  or  fill  up  writs.       418 
shall  indorse  fees  on  execution.  ib. 

Ousatonic  ricer,  fishery  in,  regulated    228 
lumber  floating  down,  how  proceed- 
ed with.  468 
Overseers  of  spendthrifts.  276 
of  new-gate.                                        357 
of  poor.  370 
of  work -houses,  duties  of.  480 
Oyer  of  book  account.  94 
Oysters,  fishery  of,  regulated.                  227 
Packers,  how  appointed                         286 
to  give  bonds  with  surety.                    ib. 
not  to  use  steel  yards  and  weights 
unsealed                                              291 
fees  of.                                                  297 
Pamphlets,  obscene,  prohibited.             165 
Parents,   duty   of,    to   educate  their 

children.      '  107 

Parties,  oath  of,  admissible  in  actions 
of  book  debt.  93 

when  may  be  required  in  actions  of 
trespass  467.  470 

death  of,  when  not  to  abate  writ.        42 
may  manage  their  own  causes.          141 
Partition  of  lands  may  be  made  by 
guardians.  263 

by  tenants  in  common,  how  to  be 
made.  303 

Paukatuck  river,  fishery  in,  regulated.  233 
PAUPERS,  when  to  be  supported  by 
relations.  369 

how  supported  by  towns.  ib. 

by  the  state.  ,        .    .3  371 

how  to  be  removed/****3**/  fn       281 
Peace,  breach  of,  how  punished.  162 

how  preserved.  147 

PEDLARS,  &c.  prohibited  to  deal  in 
foreign  goods.  374 

how  to  be  proceeded  against,  ib. 

prohibited  to  deal  in  feathers  and 
indigo.  375 

Perambulation  of  bounds  of  towns, 

when  required.  95 

Perishable    property,    ship-wrecked, 

how  disposed  of.  483 

Perjuri,  how  punished.  151.  159 

subornation  of,  how  punished.  1  ">'-•* 


INDEX. 


PETrt-iows  to  the  general  assembly, 
regulated.  375 

to  court  of  equity,  regulated.  196 

Petty-chapmen,  &c.  prohibited  te  sell 
foreign  goods. 

PEWS,  sales  of,  how  to  be  made.          376 
when  exempted  from  execution.        ib. 

Phoznix  Bank,  incorporation  of. 

Pleading  double,  when  allowed.  43 

Pleadings  regulated.  Z*v<  /j,  42 

Poison,  administering  of,  how  pun- 
ished. 152 

Political  power,  source  of.  20 

Poi/v,  how  taxed.  b&J  448 

when  exempted.  '  ib. 

Poor,  when  to  be  supported  by  rela- 
tions. 369 
by  towns.  ib. 
by  the  state. 

how  to  be  removed.  281 

select-men,  overseers  of.  370 

Poor  debtors,  how  relieved-  253 

Pork,  inspection  of. 

Possession,   adverse,  of  lands,  for  fif- 
teen years,  to  bar  entry.  309 

POST-GUIDES,  when  and  by  whom  to 
be  erected.  377 

penalty  for  neglect.  ib. 

POUNDS,  where,  and  by  who^n,  to  be 

erected,  and  maintained,  i  r#t  S3     377 
'      ,    escape  from.  o     -  380 

4        breach  of,  how  punisted.zfct.ro         379 

Poundage  fees.  380 

Practice,  rules  of,  to  be  made  bj  su- 
preme court.  137 
county  court.                                        141 

Pratt" s  ferry,  fare  of.  225 

Presentment  for  crimes,  by  whom  to 
be  made.  259—261 

when  necessary.  2 1 

President  of  the  senate,  lieutenant- 
governor  to  be.  26 
his  rights,  powers  and  authority.        ib. 
pro  tempore,  when  to  be  elected.        ib. 
when  he  shall  administer  the  gov- 
ernment. 27 

Press,  liberty  of,  not  to  be  restrained.     20 

Prisoner,   how  to.    be   supported   in 
gaoLJn"  *fc  *M  9%-  252 

for  debt,  not  to  be  confined  with 
criminals.  253 

entitled  to  liberties  of  prison, 
poor,  how  to  be  relieved.  253 

in  work-houses,  escaping,  how  pun- 
ished. 480,  1 
expense  of  supporting,  how  defray- 
ed. 481 

Privilege  from  arrest,  when  allowed.     24 

Privileged  debts,  what.  212 

Priority  of  debtsr  when  allowed  to 

the  state.  «  ib. 

Private  ways,  how  laid  out.jJUi/      271 

Probate  courts,  constituted.  ifW_ YV  143 
districts  established,  t''  f~      '"      ' 


Process,  to  whom  to  be  directed.  35 

when  may  be  directed  to  indifferent 
person.  ib. 

summary,  to  recover  possession  of 
lands  and  houses.  307 

Proclamation  to  be  read  to  rioters.       384 

Profane  su-eartng,  prohibited.  165 

PROHIBITION,    rule   to  shew  cause, 
when  to  be  granted.  314 

mode  of  trial.  315 

writ  of,  when  to  issue.  ib. 

disobedience  of,  how  punished.          ih. 

Promises,  when  lo  be  in  writing.      246,  7 

Promissory  note.*,  when  negotiable.       360 

Proof  necessary  to  convict  of  treason.     31 
necessary  to  convict  of  any  capital 
offence.  173 

of  importing  convicts.  133 

of  secret  assault.  408 

in  certain  actions  of  trespass.  467 

in  prosecutions  for  damage  done  in 
the  night  season.  470 

against  owner  of  enclosure  for  en- 
croachment on  highway.  362 
relative  to  infection  of  small-pox.    425 

Property,  private,  not  to  be  taken  for 
public  use,  without  compensation.      21 

Proprietors  of  common  lands,  how  to 
manage.  30 

Prosecution  for  crimes,  limitation  of.  311. 
(312 

qui  tarn,  limitation  of.  311 

bond  for.  35.55.309.245 

not  to  exonerate  special  bail.  63 

new,  when  to  be  given.  40 

Prostitutes,  common,  liable  to  be  com- 
mitted to  work-house.  481    Q/  » 

PROVISIONS,  inspection  of.        286  to  297"  1  && 

Public  worship,  disturbance  of,  pun- 
ished. 386. 

Publishment  of  intention  of  marriage.  316 

Puppct-sheu'9,  exhibition  of,  prohibit- 
ed.  169 

Quakers,  how  excused  from  military 
duty.  345 

Qualifications  of  electors.  28,  9 

Quarantine,  how  to  be  assigned.  421 

Quartering  of  soldiers  in  time  ofpeace.  22 

Quinebaug  river,  fishery  in,  regulated.  2SO 

Quorum  of  each  house  of  assembly.        23 
in  meetings  of  corporation  of  Yale- 
College.  484 

Quo  WARRANTO,  writ  of,  when  and 
how  to  be  granted.  315 

how  to  be  proceeded  with.  ib. 

Railings  to  be  erected  on  roads  and 
bridges.  267 

damages  for  defect  of,  how  paid.        ib, 
on  turnpike  roads.  471 

Rams,  how  restrained.  413 

Rape,  how  punished.  152 

attempt  to  commit,  how  punished,     ib. 

Receipts,  and  expenditures  of  Yale- 
College.,  annual  account  of.  484 


•• 


/  /  f  .    •-*-     '/ 


INDEX. 


R  err/j  Cr  of  stolen  goods,  how  punished.  159 
J Ln-ord  of  revised  statutes,  what  shall 

he.  485 

RKCOKDS   of  justices  of  the  peace, 
how  preserved.  381 

public,  to  be  kept  by  secretary.  27.  408 
proof  of.  48 

Rigi'slcr,   or  town-clerk,    to   record 
votes  of  towns.  459 

to  record  births,  deaths,  &c.  ib. 

deeds  of  lands,  &c.  459.  460. 

Ri-tations.  of  poor  persons,  when  bound 

to  maintain  them.  369 

Religion,  duty  and  right  of  all  men  in 

relation  to.  29 

Religious  worship,  free  to  all  persons.     20 

duty  and  right  of.  2>X  <*  *4  29 

disturbance  of,  prohibited.  386 

Remanding  of  actions,  when  to  be 

directed.  52 

Removal  of  paupers,  how  to  be  order- 
ed. 281 
of  inhabitants  of  other  states.  ib. 
Repairs  and  improvements   on  turn- 
pike roads.                                          47 1 
RKFLEVIA*,  writs  of,  when  to  be  grant- 
ed.                                                      382 
bonds  for  prosecution,  what,  to  be 
given  ib. 
mode  of  proceeding'.                             ib. 
of  goods  attached,  how  to  proceed 
in.                                                         383 
of  stock  of  incorporated  companies,  ib. 
of  ^oods  attached  by   stranger  to 
the  suit.                                           383,4. 
Reporter  of  judicial  decisions,  appoint- 
ment of.  *                                              138 
salary  of.                                              388 
Representatives,  house  of,  constituted.    23 
officers  of.                                                 ib. 
members  of,  how  elected.                    186 
majority  of,  to  be  a  quorum.               23 
power  of                                                24 
to  keep  a  journal.                                 ib. 
when  yeas  and  nays  of,  to  betaken,  ib. 
Reprieve,  when,  and  for  what  time, 

may  he  granted  by  governor.  26 

Rescue  of  cattle  driving  to  pound,  how 

punished.  379 

Resistance  of  officers,  how  punished.     160 
Reversal  of  judgments,   how   to  pro- 
ceed in  cases  of.  54 
Revised  statutes,  confirmed.                     485 
Tecord  of.                                               ib. 
when  to  take  effect.                             ib. 
Revocation  of  wills,  how  to  be  made.    200 
Rt.rurd.  See  Compensation. 
Rights,  declaration  of.                      20,  1,2 
RIOTS,  how  to  be  suppressed. 

how  punished  161 

Rivers,  obstruction  of,  how  prevented.  362 
Robbery,  how  punished.  154 

Rocky-kill  ferru,  fare  of.  225 

'Rule  in  Shelley1*  ease,  abrogated.         301 


Rules  af  practice  to  be  established  by 
supreme  court.  137 

by  county  courts.  141 

SABBATH,  or  LORD'S  DAY,  ,secular  bu- 
siness prohibited  on.  585 

diversions,  prohibited.  ib. 

meeting  in  companies,  prohibited.    38ft 
limitation  of  prosecutions  for  breach,  ih. 
civil  process  void,  when  served  on.    ib. 
disturbance  of  public  worship,  pun- 
ished. ib. 

duty  of  ty  thing-men,  grand-jurors, 
&c.  in  relation  to.  ib. 

proprietors  and  drivers  of  stages.  &c. 
not  to  carry  passengers.  387 

persons  keeping  seventh  day,  not  li- 
able to  penalties  for  breach  of.  ib. 

Sales  at  public  auction,  duties  on.          60 
of  real    estate  of  deceased  person 
to  pay  debts.  205.211 

of  lands  to  pay  taxes.  455 

of  minors'  lands,  by  guardians.          264 

SALARIES  of  the  officers  of  govern- 
ment. ?k£WL  387,  S 

See  Compensation. 
Fees. 

Salvage  of  ship-  wrecked  property.    482,  3 

Sat/brook  ferry,  regulated.  223 

fare  of.  224 

Scanticferry,  fare  of.  226 

Scavengers,  commission  of.  409 

Scire-fadas,  writ  of,  may  be  by  at- 
tachment. 37 

when  may  issue  against  executor 
or  administrator.  42 

against  bail.  63 

against  select-men.  271 

Scholars,  enumeration  of.  402 

expense  of  instructing.  404     @ 

SCHOOLS,  provisions  for  the  support   S91t 
of.  396  to  407 

visitors  of.  400 

of  a  higher  order,  institution  and 
objects  of.  ib. 

School  districts,  establishment  of.          398 
general  powers  of.  z  h4f#$i  399 

calling  and  warning  meetings  of.       400 
incorporated,  dissolution  or  altera- 
tion of.  398 

annexation  to  other  districts.  ib. 

School-fund,  made  permanent  and  ap- 
propriated 30 

interest  of,  to  be  paid  to  the  state- 
treasurer.  401.  406 

dividends,  apportionment  of.  402    *-i 

i 


duties  of  commissioner  ofcVrMOS,  6,  7 

vacancy  in  his  office,  during  recess 

of  general  assembly,  how  filled.         407 

School-houses,    building   and  repair- 
ing of.  397 

fixing  site  of.  398,  9.  40fr 

School-masters,  examination  and  ap- 
probation of.  400 

School  money,  misapplied,  to  be  for- 
feited. 404 


i      „ 

It* 


iJSTDEX. 


0.0: 


ScJiool  money. 

making  false  certificate  ibr  draw- 
ing, penalty  for.  ib. 

School  societies,  dehorn  ieTOHsi'sl.      3.96 
annual  meeting  of.  ib. 

o  timers  of.  397 

funds  of,  to  be  taken  care  of,  by  the 
committee.  401 

power  of,  in  relation  to  burials,  &c.  404 

Sealers  of  weights  and  measures,  duties 

•     of.  479 

Seal  of  the  state,  to  be  kept  bv  the  sec- 
retary. 27. 408 

Seals  of  the  several  courts.  1 46 

Search-warrant,  issuing  of.  21 

Secession  from  a  society  or  denomina- 
tion of  Christians.  30 

SECRETARY  OF  STATE,  election  of.  27. 186 
oath  of.  364 

vacancy  in  office  of,  how  supplied.     1 37 
general  powers  and  duties  of.  27.  408,  9 

•  to  be  keeper  of  the  seal.  27.  408  <^- highways, 

to  cause  the  public  acts  to  be  print-  fl8  *  ?**  may  dividi 


Select-men. 

duty  of,  to  settle  the  accounts  of 
towns.  458 

to  draw  orders  for  payment  of  debts,  ih. 
to  report  to  town  account  of  expen- 
ditures. il'. 

to  assess  inhabitants   when  towns 
neglect.  -I"*.'1 

to  be  overseers   of  the  poor,  and 
their  duty.  370 


480 


ed,  published  and  distributed.    258.  408 
rule  of  distribution.  408,  9 

to  publish  abstracts  from  comptrol- 
ler's report.  409 
to  make  return  to  adjutant-gene- 
ral of  general  and  field  officers,  dis- 
charged or  appointed.  356 
rotes  to  be  returned  to.         23.  24.  186. 
(191,2 

to  assist  in  canvassing  votes.        23.  25. 
27.  191,2 

to   transmit  to  town-clerks  blank 
forms  for  the  return  of  votes.  189 

to   give  notice   to   persons  chosen 
senators  of  this  state.  186 

to  give  notice   to   persons  chosen 
senators  and  representatives  in  con- 
gress. 192 
to  present  public  acts  to  the  gover- 
nor. 258 
to  attest  commissions.  26 
when  to  convene  the  senate.                 27 
•  authorized,  to  give  certified  copies 
of  records  of  supreme  court  of  er- 
rors remaining  in  his  office.                137 
to  certify  revised  statutes.                  485 
salary  of                                               388 
fees  of.                                                  391 
may  not  be  a  member  of  the  gene- 
ral assembly.  32 

Secretary's  office,  record  of  court-mar- 
tial to  be  deposited  in.  354 
petitions  and  memorials  to  be  re- 
turned to,  within  what  time.           375,6 

SECRET  ASSAULT,  provisions  for  the 
detection  and  punishment  of.         407,  8 

Selderfs  cove,  fishery  in,  regulated.        231 
creek,  in  Li/me,  fishery  in,  regulated.  233 

(Select-men.  t->  be  appointed  by  towns.  31. 
„    457 


to  be  overseers  of  work-houses, 
when   may  remove  foreigners    to 
towns  where  they  last  resided.  372 

to     exhibit     accounts     to    comp- 
troller for  support^  of  slate  paupers, 
when   may    prosecute  for' mainte- 
nance of  bastard  children, 
when  may  bind  out  children, 
to  decide  on  qualifications  of  elec- 
tors. 29.19-1 
may    remove    encroachments     on 

3G2 
ide  fence  between  adjoin- 


373 


92 

107 


ing  proprietors.  21-1 

may  direct  how  to  make  fences 
when  they  cannot  be  made  in  the 
line.  ib. 

may  lay,  out  highways  or  private 
ways.  268 

may  discontinue  ways  laid  out  by 
them.  272 

may  appoint   overseers  of  spend- 
thrifts. •     276 
may  remove  persons  not  inhabitants 
of  this  state.  281 
may  warn  such  persons  to  depart.       ib. 
may,    with    civil    authority,    ice. 
choose  jurors.  45 
shall  erect  post-guides.                       377 
shall  erect  pounds.                                  ib. 
power  of,  to  suppress  riots.                384 
to  constitute,  with  the  civil  author- 
ity, board  of  health.                            419 
shall  erect  sign-posts.                          4:l~ 
to  receive  value  of  lost  goods,  when 
no  owner  appears.                               440 
power  of,  to  proceed  against  negli- 
gent collectors.                                    452 
may,   with  civil  authority,  abate 
taxes.                                                    453 
when  may  appoint  collectors.            454 
shall  provide  standard  weights  and 
measures  for  their  towns.                   478 
to  socure  property  wrecked.               482 

Senate,  of  this  state,  of  whom  to  con- 
sist. 23 
when  to  be   convened  to  choose  a 
president,  pro  tempore.  27 

Senators  in  congress,  how  appointed.        6 
in  this  state,  how  elected.  23.  !"»» 

Servants,  how  bound  out.  318 

refractory,  how  punished.  31  f> 

abused  by  masters,  how  relieved. 


fp?i  ?to  3 


503 


INDEX. 


Service  of  writs,  how  to  be  made.  36 

on  communities.  131 

Set-off,  of  mutual  debts,  when  to  be 
made.  43,  4 

Settlement  of  inhabitants  in  towns.   279  to 

(282 

of  estates.  199  to  212 

SEWERS,  commission  of,  when  to  be 
granted.  409 

FEWI.-VG-SILK,  manufacture  of,  regu- 
lated. 412 

Shires  in    incorporated  companies, 
how  attached.  36 

Low  sold  on  execution.  58 

SHEEP,  owners  of,  how^nay  keep  them  in 

n         I  _»**//     .      It-fit       J  A-iq 

413 
ib. 
ib. 

301 
27 
ib. 


SICKNESS,    spreading  of,  how   pre- 
vented. 419  to  427 
SIGX-POSTS    to  be  erected  in   each 


flocks, 

may  not  run  at  large. 


penalty  for  neglect.  '      a*  ib. 

towns  may  erect  additional.l/^Cy^    ib-  i 
notices  on  what,  to  be  published.       428 
when  used  by  officers  out  of  Iheir 
precincts. 

SLAVES,  how  emancipated. 

how  supported.  ib. 

not  to  be  imported. 

penalty  for  exportation  of.  ib. 

negro  and  mulatto  children    born 

of,  to  be  free.  428 

Slave-trade,  prohibited. 

Small-pox,   spreading   of,  how    pre- 
vented. 

SOCIETIES,  RELIGIOUS,  established.    430 
how  persons  may  join.  431 

meetings  of,  how  to  be  holden.  433 

.     may  appoint  officers.  ib. 

•      iflay  fill  vacancies  of  officers.  435 


powers  of.  0-f  433 

may  lay  and  collect  taxes. f  APTA* 


to  be  marked. 

rams,  how  to  be  restrained. 

Shelley's  case,  rule  in,  abrogated 

SHERIFFS,  how  appointed, 
term  of  office. 

may  not  be  members  of  the  general 
assembly.  32 

to  give  bonds,  with  surety.  414 

to  be  sworn.  ib. 

bonds,  when  and  how  to  be  renew- 
ed, ib. 
to  be  commissioned.  ib. 
power  of.  t,  fot  Itfff  •  ***                  41 5 
duty  of.                ''                                416 
forfeiture   for    not  paying  money 
collected.  ib. 
writs  against,  to  be  served  fourteen 
days  before  court.  ib. 
no  appeal  in  suits  on  receipts,  ex- 
cept from  justice  of  the  peace.         ib. 
may  appoint  deputies,  to  be  appro- 
bated by  county  court.  ^'&/j{  lated. 
number  of  deputies  in  each  county.     ib**k**i£tailers  of,  how  licensed, 
deputies  to  continue  after  death  of.  417          duty  on  licence  for  selling, 
perquisites  to  be  taken  from  depu- 
ties, ib. 

[[17=  In  sect  13.  line  3.  for  thirty 
Tead/orfy.] 

may  take  no  reward  for  appointing 
gaolers  417.  8 

may  depute  each  other.  418 


may  not  draw  writ 
shall  indorse  fees  on  execution?, 
penalty  for  indorsing  unlawful  fees, 
shall  not  take  more  than  one  securi- 
ty for  an  execution, 
to  be  removed  for  taking  unlawful 
fees.  419 

deputies     removable    by    county 
court.  ib. 

refusing  to  pay  money  collected,  to 
be  removed.  "   ib. 

travelling  fees  allowed  to  deputy.       ib. 
no  appeal  in  suits  on  receipts  to.        ib. 
Shetucktt  river,  fishery  in,  regulated.    230 
bt/![!-i<Tcckfd  property,  how  secured 
aud  disposed  of.  4P.-\  '> 

9 

/C.V 


ib. 


434 

who  may  be  voters  in.  ib. 

penalty  for  unlawful  voting.  435 

how  to  provide  for  public  worship,     ib. 
estate  of,  how  to  be  managed.  ib. 

when  in  different  towns,  how  to  pro- 
reed,  ib. 
new,  how  to  be  formed.                      436 
Sodomy,  how  punished.                            163 
Speaker  of  the  house   of  representa- 
tives, how  chosen. 

Special  bail,  when  to  be  given.  62 

Speech,  liberty  of.  20.  24 

SPIRITOCS  LiacoRs,  selling  of,  regu- 
lated. 436 
ib. 
437 

penalty  for  selling  of,  without  li- 
cence, ib. 
duties  of  state  attornies,  ix.  to  pros- 
ecute, ib. 
licence,  not  to  authorize  any  person 
to  sell  to  be  drunk  in  his  own  house,    ib. 
act  not  to  extend  to  tavern-keepers,  ib. 
£T -'.OB-DRIVERS,  &c.  regulation  of.     43!) 
Statidurd  of  weights  and  measures, 

established.  477 

Slate  attornies.  how  appointed.  141 

duty  of,  141.  463 

Statement  of  funds  of  the  state  to  be 

published. 

STATE  PAUPERS,  how  to  be  supported.371 
(to  374 

Statutes,  public,  how  passed.  257,  8 

when  to  take  effect..   „  258 

publication  of.  fW&J 
rtvised,  confirmed.         •  485 

record  of.  ib. 

when  to  take  effect,  -  ib. 


rr- 


INDEX. 


609 


es,  pv 
ted, 


printed,  of  other  states,  legal  evi- 

dence. 48 

Slea/ing  from  the  person.  loo 

from  the  person  at  a  fire.  ib. 

from  a  building,  in  the  day  time.  ib. 
STRAYS  AND  LOST  GOODS,  how  to 

proceed  with.  439 

Stonington  borough,  incorporated.  96 
Sturdy  beggars,  liable  to  be  commit- 

ted to  work-house.  481 

Subornation  of  iierjury,  how  punished.  159 
Suffrage,  free,  laws  to  be  made  in  sup- 

port of.  29 

Summons,  form  of.  242 

Superior  court,  established.  138 

jurisdiction  of.  ib. 

special,  how  to  be  called.  ib. 

may  appoint  clerks  in  each  county.  139 

assistant  clerks,  if  necessary.  ib. 

may  order  times  of  pleading.  ib. 

may  adjourn  the  session.  ib. 

when  no  judge  of,  attends,  how  to 

proceed.  (*  ib. 

times  and  places  of  holding.»wt/J/  142 
Supreme  court  of  errors,  constituted.  136 

causes  in,  when  to  be  tried.  137 

clerks  of.  Q.  ib. 

jurisdiction  of.  £r#i  /}/  ib. 

to  assign  their  circuits.  ib. 

to  institute  rules  of  practice.  ib. 

if  no  judge  of,  attend,  to  be  adjourn- 

ed. ib. 

to  assign  reasons  publicly.  138 

to  appoint  a  reporter.  ib. 

Sureties  of  the  peace,  when  may  be 

required.  147 

Surveyor-general,  how  appointed.  440 

shall  appoint  a  deputy  in  each'coun- 

ty.  ib. 

duties  and  powers  of.  441 

compensation  of.  ib. 

SURVEYORS,  county,  how  appointed,  ib. 

power  of.  ib. 

compensation  of.  ib. 

of  highways,  how  appointed,  and 

duty  of.  273 

Survivor  of  ac/  ions,  when.  42 

Swearing,  profane,  how  punished.  165 
Su'itit,  not  to  be  suffered  to  go  at  large.  381 

without  the  permission  of  towns.       382 

fees  for  poundage  of.  380 

Tanners  of  ka//iw^regulation  of.        308 

TAVERNS,  provisions  relating  to.  442  to 

(444 

not  to  be  kept  without  licence.  444 
Tavern-keeper/,  how  licenced  and 

regulated.  2  hi  fa  442 

not  to  suffer  minors,  &c.  to  sit  drink- 

ing in  their  houses.     r>  443 

not  to  suffer  tipling.  J  fo/  ^J3  ib. 

not  to  sell  liquors  on  Lord's  day.         ib. 

not  to  keep  implements  of  gam- 

bling, or  suffer  it.  ib-. 


Tavern-k/'pci-s. 

may  be  admonished  by  select-men.  443 
licence  of,  may  be  revoked.  ib. 

justices  of  the  peace  may  not  be.     148 

TAXES,    assessment   of,    how  to   be 
madejfe4^**q'!if4  4-1-1  to  450 

assessors,  how  appointed,  and  their 
duty.  444 

board  of  relief,  how  appointed,  and 
their  duty.  445 

duty  of  town-clerks  to  transmit  ab- 
stracts of  'lists  tcf  comptroller.  ib. 
valuation  of  property,  how  to  be 
made.                          "Q                       446 
abatement  of  polls.  *  hCpt             448 
exemption  of  polls. 

assessment  of  professions.  ib. 

exemption  of  miiysters  of  the  gos- 

non-residents,  how  assessea.  ib. 

trustees,  how  assessed.  ib. 

estate  of  married  women  to  be  set 
in  the  list  of  their  husbands.  ib. 

penalty  for  false  lists.  ib, 

omissions,  how  corrected.  ib. 

board  of  equalization  constituted.       ib. 
power  of.  450 

lists,  when  equalized,  to  be  general 
list  of  the  state.  ib, 

duty  of  town-clerk  relative  to  al- 
terations, ib. 
compensation  to  assessors.  ib. 
penalty  on  towns  for  not  appointing 
them.                                                      ib. 
on  assessors  refusing  to  serve.             ib. 
assessment  list  in  each  town,  to  be 
the  rule  for  taxes.                                 ib. 
TAXKS,  collection  of.                  451  to  456 
duty  of  treasurer.                                451 
of  the  collectors.                                    ib. 
collectors,  how  proceeded  against, 
for  neglect.                                            ib. 
how  to  proceed  against  select-men,     ib. 
how  to  proceed  against  towns.           452 
how  to  proceed  against  sheriffs.          ib. 
how  select-men  may  proceed  against 
collectors.                                               ib. 
abatement  of,  allowed  to  towns.        45. : 
how  to  be  made  out.                             ib. 
towns  liable  for  inhabitants  unable 
to  pay.                                                   ib. 
remedy,  when  estate  of  select-men, 
&c.  \y  taken.                                          il>. 
town?,  and  other  communities,  how 
to  collect.                                              l.v; 
when  and  how  new  collectors  may 
be  appointed.             o/    /                  ib. 
power  of  collectors.  *  /^CJ^I          45:> 
mode  of  proceeding.                           ib. 
fees  of  collectors.                                  ib. 
mode  of  selling  lands.                           i!>. 
lien  on  lands.                                       456 
compensation  to  collectors  ol 

<:ivpe.  :;v 


.ti  r 


INDEX. 


Tenants  in  common,   may  maintain 
actions  against  each  other.  34 

how  to  make  partition.  303 

Testaments,  by  whom,  and  how  to  be 

made.  199 

TESTATE  AND  INTESTATE  ESTATES, 

settlemeat  of.  199  to  21 2 

Thames  nrer,  fishery  in,  regulated        232 
Thanksgiving  days,  secular  business 

on,  forbidden.  386 

Theatrical  exhibitions^prohibiteA.       169 
The//,  how  punished,  \htff9  158 

Timber,  damages  for  cutting  of.  466 

floating  down   Connecticut  river, 
&c.  how  to  be  ta'ken  care  of.  468 

Times  and  places  of  holding  courts, 

established.  142—5 

Tylltin«-mi.n,  duly  of.  386 

Tolland  couhAfctated  and'namedx"     136 
Tolls,   rates   of,  on  turnpike   roads, 

established.  '174 

TOWN-CLEUKS,  how  chosen.  459 

duty   and  power  of.     459.  See  nl«o  29. 

194.381.439 

to  record  deeds  of  lands.  459 

to  keep  the  books  of  the  town.  460 

to  return  to  treasurer  name  of  state 
collector.  ib. 

TOWNS,   number  of   representatives 
from.  22,  3 

may  hold  meetings.  457 

may  appoint  officers. 
may  make  regulations.  458 

may  make  by-laws  to  restrain  cat- 
tle, &c.  ib. 
duty  of,  to  lay  taxes  to  defray  ex- 
penses.                                                 459 
power  of,  to  enforce  collection  of 
taxes.                                                    454 
to  establish   and    regulate   work- 
houses.                                                 480 
two  or  more  authorized  to  join  in 
maintaining  work-houses.                  482 
Toirn-wcr.lings,  how  to  be  warned 
and  holden.                                           457 
may  be  adjourned.                                 ib. 
special,  how  called.                              ib. 
7;-(i7.«to/i,  how  punished.                          151 
Treasurer  of  the  stale,   how  elected.  27. 
(186 

oath  of.  364 

salary  of.  .i!'.!J 

vacancy  in  office  of,  how  supplied.  187 
may  not  be  a  member  of  the  gen- 
eral assembly. 

to  give  bond  with  surety.  462 

duty  of.  27.  462 

accounts •<St,  how  settled.  ib. 

to  report  statement  of  receipts  and 
expenditures  to  the  genera!  . 
bly.  ii>. 

to  assist  in   canvassing  votes.  23.  25. 

~ 


Treasurer  ofthestalt. 
to  prescribe  forms  for  stating  ac- 
counts of  turnpike  companies.          475 
to  report  statement  of  turnpike  ac- 
counts to  general  assembly.  ib. 
to    keep    standard    weights    and 
measures.                                             477 
to  try    weights  and  measures  by 
standards.                                             4715 

Treasurers  of  counties,  duty  of. 

of  towns,  duty  of.  465 

of  school  societies.  397 

of  school  districts.  399 

TREASURY  DEPARTMENT  establish- 
ed, and  regulated.  460  to  465 
duty  of  comptroller.  460 
duty  of  the  treasurer  of  the  state.    462 
duty  of  the  auditors  of  public  ac- 
counts, ib. 
duty  of  the  clerks  of  the  superior 
and  county  courts.                                463 
duty  of  state  attornies.  ib. 
duty  of  county  treasurers.                 464 
duty  of  town  treasurers.                      465 

Treble  damages,  in  forcible  entry  and 
detainer.  ~  -J."H~. 

for  injuring  a  prisoner.  253 

on  removing  actions  on  plea  of  title.  53 
for  negligent  driving  of  carriages.  438 
for  carrying  away  bay-berries.  466 
for  injury  to  bridges,  &c-  4fi7 

for  vexatious  suits.  -177 

TffJib   rtihie,   when   forfeited.  158.  'J-"». 
278.  4iy 

Trfcs   tint?  f.tonts   <>n    Hartford    and 
.\ew-IIaven  turnpike  road  475 

•y.s  on  cutting  timber,  how 
proceeded  against.  4GC 

for  destroying  or  carrying  ;nv;i\, 
bay-br-rri(  -.  ib. 

by  throwing  down  bars  arid  fences.  4G7 
by  setting  lire  that  runs  on  another's 
land.  ih. 

mode  of  proof  in  such  case.  ib. 

by  destroying  bridges.  ib. 

by  destroy  ing  shell-fish  about  bridges,  ib. 
by  defacing  mile-stones  and  post- 
guides,  ib. 
when  committed  in  niglit,  how  pun- 
ished.                                                   468 
committed  on  land,  without  color 
of  right.  ib. 
defendant,  if  unable  ^o  pay  dama- 
ges, how  punished.  1  t&fr<~3               ib. 
in    taking  lumber    floating  down 
Connecticut  and  Ousatonic  rivers.  46C,  ft 

TRESPASSES,  committed  in  night  sea- 
son, how  detected  and  prevented.      470 

Trial  of  issues  in  fact,  to  be  by  the 
jury.  4 '- 

when  by  the  court.  50 

Truth  may  be-  given  in  evidence,  in 
prosecutions  for  libel?.  21 


INDEX. 


511 


Tumblers,  &c.  how  punished.  169 

TURNPIKE  ROADS,  commissioners  on, 
to  be  appointed  annually.  470 

powers  and  duties  of  commission- 
ers. 470,  1 
accounts  of,  to  be  annually  stated 
and  adjusted. 

avoiding  gates  on.  473 

bridges  on,  when  to  he  built  by  the 
company.  ib. 

rates  of  toll  on,  established. iKi'fjz  474 
persons  exempted  from  toll  on.  ib. 

encroachments  on,  how  removed.      475 
Undivided  and  common  lands,  how 

managed.  304-7 

Uniform  of  militia,  how  established.     355 
ffnion  bank,  incorporation  of.  67 

United  States,  oflicers  of,  may  not  be 

members  of  general  assembly-  31 

USURY,  how  restrained.  476 

penalty  for  taking.  ib. 

parties,  when  examined  on  oath.         ib. 
Vacancy  in  office  of  sheriff.     •  28 

treasurer,  secretary  and  comptrol- 
ler. 187 
overseer.                                             277 
quarter-master-general,  commissa- 
ry-general,   and  pay-master-gene- 
ral. 338 
commissioner  of  the  school-fund.        407 
society  officers.  435 
town-officers.  458 
commissioners  on  turnpike  roads.     471 
^fellows  of  Yale- College.  484 
Vaccination,  general,  provision  for.      427 
Vagabonds  and  vagrants  liable  to  be 

committed  to  work-house.  481 

Value,  treble,  when  forfeited.        158.  249. 
(278.  418. 
Verdict,  special,  when  may  be  given 

by  the  jury.  49 

Vessels,  destroying  of,  with  intent  to 

defraud,  how  punished. 
Vessels,  wrecked,  how  secured.  482 

Vested  rights,  saving   of,  in  revised 

statutes.  485 

VEXATIOUS  SUITS,  how  prevented.      477 
Visitors  of  schools,  how  appointed.        400 
duty  of.  ib. 

board  of,  to  superintend  instruction 
of  children  in  manufacturing  estab- 
lishments-. 320 
Voir-dire  oath,  form  of.  368 
Voters,  who  may  be,  in  town-meet- 
ings.                                                     457 
in  society  meetings.                             434 
Warner's  ferry,  fare  of.                           224 
Warrant  to  search  or  seize.  21 
of  execution.                                        175 
for  collecting  taxes,  form  of.              245 
to  apprehend  persons  charged  with 
secret  assault.                                      407 
with  offences  punishable   by  CQIH- 
TnitTnent  to  work-hou*p.                     482 


Water-courses  in  highways,  how  open- 
ed. 273      f 
WEIGHTS  AND   MEASURES,   to  be    r'l't  rv 
kept  by  the  state  treasurer,  as  stan- 
dards. 477 
by  the  several  county  treasurers.       478 
by  the   select-men,   for  the  use   of 
their  respective  towns.  ib. 
duty  of  sealers  of.    •                            47y 
not  sealed,  the  use  of,  prohibited.        ib. 
standard   measures  for  charcoal, ; ./W  -  f?-/ 
fruits,  vegetables  and  shell-fish.          ib. 

Whipping,  when  to  be  inflicted.  159.  281. 
(282.  357. 

Widow,  dower  oi\  180,1 

to  keep  estate  in  repair.  181 

to  give  notice  of  her  refusal  to  ac- 
cept provision  in  a  will.  ib. 

Wilful  desertion,  cause  of  divorce.         178 

WMiinantic  river,  fishery  in,  regulated. 231 

Wills,  who  can  make.  199 

mus,t  be  in  writing.  ib. 

how  to  be  witnessed.  1  ib. 

how  revoked. *  200 

how  proved.  lh£/f/  ib. 

Windham  county,  named  and  stated.  136 

Windsor-ferry  river,  fishery  in,  regula- 
ted. 229 

Wine  measure,  standard  of.  478 

Withdraw  of  action,  when  it  may  be 
made.  40 

Witnesses,  in  civil  causes,  how  com- 
pelled to  appear,  and  testify.          46,  7  P/ 
how  compelled  to  give  depositions.  47,  8  ^'^ 
fees  of.  393 

in  criminal  causes,  how  compelled 
to  appear  and  testify.  174 

fees  of.  395 

living  without  the  state,  compensa- 
tion to  174 
in  capital  causes,  number  of  neces- 
sary 173 
to  wills,   may  make  oath  to  them 
out  of  court.                                       200  a  • 

WORKHOUSES,  towns  empowered  to  *~yi  i  /« 
establish  and  regulate.  480 

duties  of  overseers  of.  ib. 

escape  of  prisoners  from.  480,  1 

expence  of  supporting  prisoners  in.  481 
persons  liable  to  be  committed  to.  481, 
(2.  468 

warrant  to   apprehend   such  per- 
sons. 482 
two  or  more  towns  authorized  to 
join  in  maintaining.  ib. 
Worship,  religious,  free  to  all  per- 
sons. 20 
disturbance  of,  prohibited.                 386 

WRECKS,  persons  and  property  be- 
longing to,  how  protected,  secured 
and  disposed  of.  482, 3 

Writ  of  summons..  3-1 

attachment.  34. 5 

sr  ire -facia?.  37.  42.  63.  271 

W« 


liNDEX. 


HYtt, 

error. 

mandamus, 
prohibition, 
quo  warranto. 
replevin, 
habeas  corpus. 
tt'nts,  what  to  contain, 
how  signed,    n     „ 
how  served.  "L  Y~»t  Vf 
when  to  be  returned. 


YALE-COLLEGE,  governor,  lieuten- 

54.  J74. 197  ant-governor  and  six^senjor  sena- 

314  tors,  to  be  fellows  of.l*i>i  6flf        484 
ib.  vacancies  in  office  of  other  fellows, 

315  how  supplied.  ib. 
382  quorum  in  meetings  of  corporation 
265  of.                                                           ib, 

34  annual  account  of  president  and  fel- 

ib.  lows  of.                                                  ib. 

36  medical  institution  of.  323, 4, 5 

37  Yeas  and  nays,  when  to  be^  entered 
242  on  journal.                                     24.  2$ 


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